2017(2) Law Herald (P&H) 1150 : 2017 LawHerald.Org 936
IN THE HIGH COURT OF PUN JAB AND HARYANA
Before
The Hon’ble Mr. Justice Amit Rawal
CWPNo.1406of2017
Jain Hospital
v.
State of Haryana & Ors. Decided on 09/02/2017
For the Petitioner:             Mr. Keshav Pratap Singh, Advocate.
For the Respondent:       Mr. Sandeep Singh Mann, Sr. DAG, Haryana.
Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, S.18–De-sealing of machines–Once new registration has been granted machines sealed due to expiry of registration are to be de-sealed even though no specific order was passed for de-sealing.
JUDGMENT
Mr. Amit Rawal, J. (Oral):-
1. This order of mine shall dispose of four writ petitions bearing Nos.1406,1407,1408 and 1409 of 2017.
  1. The petitioner is aggrieved of the impugned action of the respondents in not de-sealing the
    ultrasound machines lying in its premises on account of non-renewal of the registration
    certificate under the Preconception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
    Selection) Act, 1994 (hereinafter referred to as “1994 Act”).
  2. Keshav Pratap Singh, learned counsel appearing on behalf of the petitioner submits
    that as per the provisions of the Section 18 and Rule 8 of 1994 Act, every diagnostic center/
    ultrasound clinic is required to be registered with the appropriate authority. The certificate
    was valid upto 30.09.2016, i.e., w.e.f. 30.09.2011. As per the provisions of 1994 Act, the
    application has to be made 30 days before the expiry of the registration certificate. However,
    by mistake/bonafide and innocently, the same was not submitted. It is in this process, the
    machines used for diagnosis of the various diseases were sealed by the department. The
    petitioner had moved an application for granting of new registration but the same was kept
    pending. It is in this background of the matter, necessity arose to approach this Court for
    seeking vindication of the grievance and the petitioner approached this Court by filing CWP
    No.26374 of 2016 and this Court vide order dated 22.12.2016 granted liberty to the
    petitioner to seek the fresh registration in accordance with law with a direction to the the
    respondents to decide the application within a period of two weeks from the date of its
    receipt. He further submits that new registration has been granted on 04.01.2017 (Annexure
    P-6) but yet there is no order of de-sealing. The registration was made way back from the
    date of expiry and there is no criminal case or any proceeding initiated against the petitioner
    under 1994 Act.
4″. The factum of initiation of proceedings has been denied by Mr. Sandeep Singh Mann, learned Senior Deputy Advocate General, Haryana, after having obtained the instructions from Dr. Mrs. Saryu Sharma, Deputy Civil Surgeon, Gurgaon, who is present in the Court. He further submits that owing to legal opinion sought by the department from the District Attorney, though there was no order of de-sealing in view of the order of this Court, yet the aforementioned action was not taken.
  1. Be that as it may. The fact remains that once the new registration has already been granted
    to the petitioner, machines lying in its premises have been sealed and in the absence of any
    proceedings initiated under 1994 Act, I deem it appropriate to allow the writ petitions by
    directing the respondents to de-seal the machines with immediate effect.
  2. Accordingly, the writ petitions stands disposed of.