Unique relief for Doctors in PCPNDT Adv. ROHiT ERANDE. ©

When a Doctor "receives" compensation for high-handed action of an Authroity.... 


Unique relief for Doctors in PCPNDT - The General Surgeon who was using Sonography Machine for diagnostic purpose received Rs.10,000/- from Appropriate authority for Illegal Sealing of Sonography Machines, by Division bench of Bombay High Court.

( Harishchandra Madhavrao Wange vs The State Of Maharashtra & ors, Hon. bombay High Court, BENCH AT AURANGABAD

 WRIT PETITION NO.11217 OF 2014, decided on 09/06/2016)

https://indiankanoon.org/doc/155725829/

Facts in Short :

1. The Appropriate Authority when visited the Petitioner's Clinic found that the room where the ultrasound Sonography machine was kept, was not put under lock and key. A show cause notice was also sent, but without waiting for receipt of explanation from the petitioner, proceeded to draw a panchanama and attached and sealed the machine.

2. The explanation given by the Petitioner that he uses the machine for diagnosis of cases for surgical purpose and does not put it to use for any other purpose was also not considered..

Held : 

1. Their Lordships observed that at any time in past, the Petitioner has been accused of violating the provisions of the PCPNDT Act, 1994 or Rules framed thereunder.

2. It does appear that there is absolutely no material to come to the conclusion that the machine itself may furnish evidence of commission of offence punishable under the Act. It is also an admitted position that during inspection, the Appropriate Authority did not find any objectionable material to come to the conclusion that the petitioner has, in any way, contravened provisions of the Act or Rules framed thereunder.

3.It has been stated by the petitioner that he does not indulge in gynecological practice and has restricted his practice as a general surgeon. The High Court quashed the action of AA and saddled cost of Rs.10,000/-.


I think its a unique judgment. Those Doctors who are following all the procedures prescribed by law, have been bailed out by the Courts..


Regards


Adv. Rohit Erande

Pune.©

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