Mumbai: A metropolitan magistrate court convicted a 70-year-old medical practitioner under the Pre Conception and Pre Natal Diagnostic Techniques, (Prohibition of Sex Selection) Act 1994 and imposed a fine of Rs 15,000 on him for not renewing registration of his ultrasound scanner machine.
Though the prosecution had not claimed that accused misused the machine or have conducted any illegal act of sex-determination but the court held that as per the Act it is mandatory for the owner to renew the registration of machine even if it was not under use.
A case under various sections of Pre Conception and Pre Natal Diagnostic Techniques Act was registered against Ishwar Panc-hal at the instance of K-ea-st Ward through Dr Bhup-endra Patil when on Nove-mber 25, 2014 it was found that the certificate for ultr-asound scanner machine at Mr Panchal’s centre had expired earlier that month.
Mr Panchal’s defence lawyer had contended that the machine was not in use since November 4, 2014, the date when certificate expired, and it was not rene-wed as the accused didn’t have intention to use it.
On the other hand prosecution contended that in view of provision of section 19(3) of the Act the accused was bound to renew the same and he had no other option. Therefore, fact that the machine was not in use cannot be considered.
After hearing arguments, magistrate S.U. Mahadar held that it may be his intention of not using. However, it does not mean that he was exempted from renewal of registration.
