PNDT Act
sanjaygarg796@gmail.com
(Querist) 10 September 2009
This query is : Resolved
Sir,
In the year 2005 a criminal complaint was filed under PNDT Act against the dealer who sold out one Ultra sound Machine to a person on the basis of documents produced by that doctor in which he claimed that he had already applied for registraton and also appointed a Competent Doctor. later on it was found that the person who purchased the Machine not a doctor and he obtained the machine on the basis of forged documet. A criminal complaint was filed by the CMo against the doctor as well as sellor of the machine . But on the day of filling of complaint there was no notification in his favour. whether complaint is maintainable?riven
Kiran Kumar
(Expert) 10 September 2009
No
the principle is an investigation being conducted by unauthorised officer is illegal.
similar is ur case, when the CMO is not empowered to take action or make complaint then his act can not be held to be valid....his unauthorised act to be seen with an eye of suspicion.
thus in my opinion, the accused is liable to be acquitted.riven
