M.N. Bhandari, J. - (1.) BY these writ petitions, a challenge is made to the seizure of the sonography machine.
(2.) LEARNED counsel for the petitioner submits that the petitioner was having registration of the sonography machine and was operating it strictly as per the provisions of The Pre -conception and Pre -natal Diagnostic Techniques(Prohibition of Sex Selection) Act, 1994 (for short, the Act of 1994') and the Rules of 1996 framed thereunder. As per the Rules of 1996, an application for renewal has to be made. The petitioner had submitted an application for renewal, but it has not yet been decided. As per Rule 8(6) of the Rules of 1996, there is deeming provision of registration, if the application is not decided within a period of 90 days from the date of its receipt. As per the deeming clause, the petitioner was even authorized to operate the machine till the disposal of the application within a period of 90 days and as the application for renewal was not decided, there is deemed renewal of the registration. Hence, use of the sonography machine was authorized. The allegation against the petitioner is not to involve in sex determination or using the machine in violation of the provisions of the Act of 1994 and the Rules of 1996, but the only allegation is of non -renewal of the registration. In view of the above, while quashing the seizure memo, the respondents may be directed to allow the petitioner to operate the sonography machine. Learned counsel for the respondents has opposed the prayer and submits that renewal application has to be submitted as per Rule 8 of the Rules of 1996 and there is a deeming clause, but it applies only when the application is moved as per the provisions of law. As per Rule 8 of the Rules of 1996, an application for renewal has to be submitted 30 days before expiry of the period of registration. In the instant case, the petitioner did not maintain application within the aforesaid period. The application for renewal was not maintainable subsequent to the period given under Rule 8(1) of the Rules of 1996. In the background aforesaid, the question of application of deeming clause does not arise. The petitioner was found to be operating the sonography machine without registration, thus as per Section 30 read with Rule 12 of the Rules of 1996, seizure was rightly made.
(3.) I have considered the rival submissions of the parties and perused the record.;