The Punjab and Haryana High Court has upheld the conviction of a Barnala-based ultrasound clinic owner for violating mandatory record-keeping requirements under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
Justice Ramesh Chander Dimri dismissed a criminal revision petition filed by Pushap Lata, holding that deficiencies in maintaining Form F records under the PCPNDT framework constituted serious statutory violations.
The Court observed that the law was enacted to combat sex selection and female foeticide, and strict compliance with documentation requirements is central to its enforcement mechanism.
Background of the Case
The case arose from an inspection conducted on January 19, 2005 at M/s Mittal Maternity & Scan Centre in Barnala. Authorities alleged that mandatory records under the PCPNDT Act and Rules were either improperly maintained or missing altogether.
According to the complaint, 49 Form F records examined during inspection did not contain signatures of the doctor conducting ultrasonography procedures. Officials also alleged that referral slips and ultrasound films corresponding to several patients were not produced during inspection.
The trial court convicted the petitioner under Section 29 of the PCPNDT Act read with Section 23, sentencing her to rigorous imprisonment and fine. The appellate court later reduced the sentence from two years to one year while maintaining the conviction.
What Happened During the Hearing
Before the High Court, the petitioner argued that the inspection and seizure procedure did not comply with statutory safeguards under the Act and Rules. It was also argued that discrepancies in inspection reports created doubt about the prosecution case.
The State, however, contended that the seized documents undeniably belonged to the petitioner’s clinic and clearly established violations of the mandatory record-preservation provisions.
The Court examined the inspection records, Forms F, seizure memos, and witness testimonies before concluding that the violations stood proved.
Court’s Key Observation
The High Court stressed that the PCPNDT Act is a social welfare legislation enacted to curb female foeticide and preserve the declining sex ratio in the country.
Relying on the Supreme Court’s decision in Federation of Obstetrics and Gynaecological Societies of India v. Union of India, the Court observed that non-maintenance of Form F records is not a mere clerical defect but a serious statutory violation.
The Court further held that even if there were procedural defects during the search, relevant evidence recovered from the clinic could still be relied upon.
Rejecting the plea for leniency based on the petitioner’s advanced age, the Court said the nature of violations did not justify reduction in sentence.
Court’s Decision
The High Court dismissed the revision petition and upheld the conviction and modified sentence already affirmed by the appellate court.
The Court held that no perversity, illegality, or miscarriage of justice was found in the concurrent findings of the lower courts.
Case Details
Case Title: Pushap Lata v. State of Punjab & Another
Case Number: CRR-2686-2010 (O&M)
Court: Punjab and Haryana High Court
Judge: Justice Ramesh Chander Dimri
Date: April 10, 2026
