SUNIL FAKAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER used to run a diagnostic centre under the name and style of 'Dr. Sunil Fakay Imaging Centre' at Delhi. It was duly registered under the Pre -conception and Pre -natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the "Act" for brevity sake), vide registration No. DL/NWD/0111(R). An FIR No. 228/2010 was registered against the petitioner. The machinery of the petitioner was also seized. The petitioner applied for renewal of the registration of his Centre. However, the same was declined vide letter, dated 01.03.2013, on the basis of FIR No. 228/2010 and pendency of the case before the Court of Metropolitan Magistrate, Rohini, Delhi. Petitioner's father applied for registration of Genetic Counseling Centre/Genetic Laboratory/Genetic Clinic/Ultrasound Clinic/Imaging Centre in the name and style of 'Himalayan Imaging Centre' to the competent authority on 13.03.2012. Petitioner's father sought permission from the Chief Medical Officer -Cum -District Appropriate Authority under the Act, 1994 for transporting two Ultrasound Machines from Delhi to Kullu, i.e., Sonoace PICO (portable Color Doppler) and Sonoace X8 (4D Ultrasound Color Doppler). According to him, the machines have been purchased in the name of Radiologist Dr. Sunil Fakay. The Chief Medical Officer -Cum -District Appropriate Authority granted the permission to the father of the petitioner to transport two Ultrasound Machines vide letter, dated 31.08.2012. Petitioner's father intimated the Chief Medical Officer -Cum -District Appropriate Authority that the machines have arrived in the premises on 01.11.2012. Thereafter, the petitioner's wife also moved an application for registration of Genetic/Ultrasound Clinic to the competent authority on 27.11.2012 in the name and style of 'Fourth Dimension -An Ultrasound Clinic'. The application is at page No. 196 of the paper -book. It is without any date. The petitioner's wife submitted an application to the Chief Medical Officer -Cum -District Appropriate Authority on 03.12.2012 for inspection of Ultrasound Clinic. The premises were inspected on 15.12.2012. Petitioner's wife was permitted to install the machine which was transported from Delhi. Petitioner's wife again requested the Chief Medical Officer -Cum -District Appropriate Authority on 20.12.2012 to conduct the final inspection. She was informed by the Chief Medical Officer -Cum -District Appropriate Authority on 19.03.2013 that neither she has produced the NOC nor she has produced the renewal certificate from 26.02.2012 on wards as per Rule 8(1) & Section 19(3) of Act, 1994. She was also informed that her machine SONAC -PICO -PORTABLE was registered at Delhi vide Registration No. DL/NWD/O111(R), 27.02.2007 up to 26.02.2012. She was directed to deposit these documents as early as possible for taking further action.

(2.) PETITIONER submitted an application to the Deputy Commissioner (Revenue) (The appropriate authority, under the Act) for grant of NOC to transport the Colour Doppler Ultrasound Machines out of Delhi on 10.01.2013. The CDMO (NW) informed the petitioner vide intimation, dated 01.03.2013 that due to pendency of the case before the Hon'ble Metropolitan Magistrate, Rohini, Delhi, the request could not be considered. The intimation was also sent by the CDMO (NW) to the Chief Medical Officer -Cum -District Appropriate Authority, Kullu under Act on 22.5.2013. Petitioner informed the Deputy Commissioner (Revenue) (The Appropriate Authority under the PC & PNTD Act), Distt. N/W at Kanjhawala, Delhi on 04.05.2013 that the ultrasound machine registered under the name and style of 'Dr. Sunil Fakay Imaging Centre' was transferred to Kullu under the permission granted by CMO, Kullu, vide letter, dated 31.08.2012. The Chief Metropolitan Magistrate, Rohini Courts, Delhi, permitted to transport the machines out of Delhi vide order, dated 8th April, 2013. The meeting of the District Advisory Committee under Act was held on 07.05.2013 in the office of Chief Medical Officer -Cum -District Appropriate Authority, Kullu. The relevant extract of the discussion qua Fourth Dimension -An Ultrasound Clinic, is as under:

(3.) THE reminders were sent to the Chief Medical Officer, Kullu, District Kullu, Himachal Pradesh by the Director, Health Safety & Regulation, H.P., Shimla on 14.8.2013, 05.09.2013 and 05.10.2013.