Ultra sound machine and other machines can be seized under PNDT ACT
the above analysis of the provisions of the Act is sufficient to hold that the expression "material object" for which the power to seize and seal is conferred upon the appropriate authority/ authorised officer, includes ultra sound machines, other machines and equipment which are used for pre-natal diagnostic techniques or s*x selection techniques.
28. Further, the provisions of Rule 11, particularly sub-rule (2) thereof, conferring power to seal and seize ultra sound machines or other machines or equipments capable of detecting s*x of foetus, sold to unregistered purchasers and explanation (2) to Rule 12 (material object would include records, machines and equipments) make it more than clear that the expression "any other material object" in section 30 includes ultrasound machines, other machines and equipment capable of detecting s*x of foetus or capable of use for s*x selection.
28. Further, the provisions of Rule 11, particularly sub-rule (2) thereof, conferring power to seal and seize ultra sound machines or other machines or equipments capable of detecting s*x of foetus, sold to unregistered purchasers and explanation (2) to Rule 12 (material object would include records, machines and equipments) make it more than clear that the expression "any other material object" in section 30 includes ultrasound machines, other machines and equipment capable of detecting s*x of foetus or capable of use for s*x selection.
Bombay High Court
Dr. (Mrs.) Suhasini Umesh ... vs 2 The District Collector, ... on 6 June, 2011
Bench: Dr. D.Y. Chandrachud, D.G. Karnik
