Parties: State of Jharkhand vs Doctor
Court: Chief Judicial Magistrate, Jamshedpur
Date of Decision: 15.07.2024
Specialization: Radiologist
Civil Surgeon Cum Appropriate Authority under PCPNDT Act, registered a complaint against the radiologist doctor alleging her guilty of violation of PCPNDT Act.
The complainant alleged that while inspecting the Diagnostic ultrasound scanning centre, below irregularities were found.
• No record of form F was maintained before December, 2015.
• Few form F which were found were incomplete.
• There were no signature of doctors in form F.
• Register was incomplete – no entries of pregnant women whose USG were conducted in Dec 2015.
• No images of pregnant women was maintained in Form F or stored in the machine. Referral slips were also not attached.
Hence the machine was sealed and search and seizure report was prepared.
Courts Findings:
The Prosecution failed to show evidence of any scanning or ultrasound which was done before December 2015 for which no record was maintained. Hence it cannot be held that accused has not maintained any record before December 2015.
For other allegation no record or documents were produced by the complainant. Even the seizure list was not produced.
Henceforth considering the facts and circumstances, prosecution failed to prove the case. Accordingly the accused was acquitted for the offence u/s 25 of PCPNDT Act, further the accused bail was discharged.
