PCPNDT ACT

" The complaint under PCPNDT Act has to be filed only by a person authorised under the Act" - Hon. Bombay High Court. Dr. Yogita Theng V/s. AA. (Criminal Writ Petition No. 26 of 2014) https://indiankanoon.org/doc/72545940/ Fats in brief : 1. The Petitioner Doctor was accused under PCPNDT Act.The complaint has been filed by one Dr. Baviskar. 2. In the Argument, the questions relating to the Authority of Dr. Baviskar were raised because apparently, no document showing that he was authorized to file the complaint in question had been produced before the trial court till then. 3. The AA was asked to produce the documents showing his Authority by the Doctor, but this Application was rejected by the Trial Court and hence the Doctor approached High Court. Held. 1. it was observed that Section 28 of the PCPNDT Act puts restriction on the power of the court to take cognizance of an offence under the said Act and lays down that it can take cognizance only on a complaint ma...

Case Details : Dr.Varsha Bajirao Manurkar-Kadam V/s The Appropriate Authority, Nanded. Cr. W.P. no.88/2017, decided on 20/12/2017,CORAM : Hon. Prakash Deu Naik J. Judgment Link : https://indiankanoon.org/doc/91370319/ Facts of the case : 1. The Petitioner Doctor was running a Ultra-Sound Clinic for about 12 years. It is the case that on 23/01/2015, the Officers of Divisional PCPNDT Cell, Aurangabad visited the Petitioner's ultra sound clinic and they found mainly following discrepancies in the record  : a) The F Forms were not properly filled. b)  On some forms, signatures of Petitioner Doctor were missing. c) On cosent forms signatures of patients were missing. d)  Pagination and Certification of Register was not done. 2. The AA issued show cause notice to the Petitioner. However the Committee was not satisfied on the explanation tendered by the Petitioner and seal...