The case has been filed against respondent No.2 the Doctor, under the provisions of Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003 (PCPNDT Act). Pending the criminal trial the electronic machine for sonography used by respondent No.2 in his clinic has been sealed. The licence of respondent No.2 has been suspended. The sealing is required to be made under the law. The sealing is legal and proper. [Para 2]

Dispute in Appeal:

Respondent No.2 applied for opening the seal to use the USG machine. The learned 8th J.M.F.C., Thane under the impugned order dated 02.11.2012 directed the complainant/petitioner herein to open the seal of the machine. That order has been challenged in this petition. [Para 3]

Issue of nature of Offences and Penalty: Reasons /Purpose of sealing USG

The offence under the PCPNDT Act is committed essentially with the use of USG machine. That is the most important ingredient in the crime. The crime is essentially repetitive in nature. The prevention of the crime is best achieved by sealing the machine. Hence the sealing of the machine is an important act in investigation of such crime. [Para 4]