Bombay high court directs NMMC to release 12 sonography machines

The Bombay high court on Tuesday directed the Navi Mumbai Municipal Corporation (NMMC) to remove the seal on 12 sonography machines put by them in August 2011, but which continued even after the accused were acquitted.

A division bench of Justice V M Kanade and Justice Anuja Prabhudessai gave the order while hearing a petition filed by M/s Disha Sonography Centre and Dr Disha Minocha along with other petitions.

The bench, while granting relief, observed, "We are of the view that the corporation does not have authority by law to put the seal on the machines." The court also considered the fact that the corporation has not challenged the acquittal order and the 90-day period, in which the appeal was to be filed, has already lapsed. The corporation has also not relied on any authority in law to retain the seal on the machines.

Advocate V M Thorat appearing for the petitioners had argued that during the raid procedural irregularities were cited -- the PCPNDT certificate was not displayed, the act was not placed in the sonography room, but kept in an another room.

The corporation had in August 2011, carried out a drive to curb the practice of sex determination. Accordingly, they had lodged prosecution against 14 doctors and their proprietary firms. Twelve have been acquitted and two were convicted by the Judicial Magistrate First Class (Navi Mumbai). The magistrate while acquitting had noted that the charges cannot be proved beyond reasonable doubt and the court also order the authority to release the seized material.