Action under PCPNDT Act based on mere guess work and conjecture of the AA , was quashed.

The Action under PCPNDT Act was quashed, which was based on mere guess work and conjecture of the AA !
The Hon. Bombay High Court has again came to the rescue of Drs in its comparatively recent judgment dated 27/09/2016, in the case of Dr. Ashishkumar Wagh V/s. state of Maharashtra., CRIMINAL WRIT PETITION NO. 1641 and 2234 OF 2015
Facts : 
1. The Petitioner Dr challenged the order of confirming framing of Charge by Ld. Additional Sessions Judge, Jalgaon.
2. The main Allegations against the Petitioner were :
a) F Form was not filled properly. b) Consent of women was not obtained properly. c) Surnames of 2 patients were wrongly mentioned. d) The petitioner did not obtain consent of one of the patient before performing Trans Vaginal Sonography (TVS)
IMP : Filling up of Gorm G is not mandatory..
3.During the course of arguments, respondent No.1 competent authority has filed additional short affidavit and admitted the legal position that for non-invasive techniques under the provisions of PCPNDT Act , only filling up Form F is mandatory and Form G is required to be filled in by the patient through doctor for invasive technique, meaning thereby the fill up form G is not at all necessary to be filled up by the doctor while performing non-invasive technique procedure.
Held :
1. The Petitioner denied all the allegations.
2. After going through the record and after listening to the Arguments, the Hon. Judge allowed the petition and turned down the allegations of TVS and held that trans vaginal sonography is not possible without any probes and admittedly, no probes are found during investigation in the hospital of the petitioner, which are required for conducting trans vaginal sonography. Even there is no record available to show that the patient had undergone sonography in the hospital of the petitioner.
3.. The allegations of the Respondent that at the Bottom of Prescription it has been written as “TVS” in the bracket, where has the Ld. Judge observed that he found only two alphabets in the bracket and the best possible evidence i.e. the statement of the said patient who otherwise could have substantiated the allegations of the Respondents, was also not taken.
4. Thus in absence of her statement, the complaint made only on the basis of prescription and the guess work and conjecture in respect of writing made in the bracketed portion, was quashed and set aside.
This is another relief in a row for the Drs. But in all the cases it was found that the allegations were not supported by proper evidence and the Drs. were also able to give proper explanation. So proper documentation always saves.. rember.. NO DOCUMENTATION IS NO PROOF AND POOR DOCUMENTATION IS POOR PROOF...
Thanks and Regards
Adv. Rohit Erande.
Pune.©

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