1 WP 2078.07.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 2078 OF 2007 Dr. Gulabrao Manikrao Patil. ... Petitioner. V/s. The Appropriate Authority or Medical Inspector. ... Respondent. Mr. S.S. Kanetkar for the Petitioner. Mr. Rajesh More, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 16th AUGUST 2011. P.C. :- Heard learned Counsel for the Petitioner. 2. The Petitioner, a medical practitioner being dis-satisfied by the order dated 18th June 2007 recorded by the learned Judicial Magistrate, First Class. Barshi in Criminal Misc. Application No.200 of 2007, seeks to quash the same and to direct return of the seized sonography test machine belonging to the Petitioner. 3. It is a matter of record, the Appeal preferred by the present Petitioner against the order of suspension of licence is pending before appropriate authority of the State. Learned 2 WP 2078.07.sxw Counsel is not in a position to inform as to what is stage of his said appeal. 4. As of today, it is clear there is no licence to the Petitioner to carry the pre-natal examination with the said machine. His licence is suspended in view of the provisions of the Pre- conception and Pre-natal Diagnostic Techniques (Prohibition of Sex selection) Act, 2003. The authorities found unauthorised and illegal user of the said ultrasound machine thereby sex determination was carried and pre-natal diagnostic techniques were used misplacedly. At this stage, the seizure of machine cannot be said to be illegal. The Full Bench Judgment reported in 2011(4) Mah. L.J. 21 (Suhasini V/s. Kolhapur Municipal Corporation) endorse such action to be within powers of Authorities. 5. In the set of above facts, since there is no licence in operation, the Petitioner's application for return of the property, was rightly rejected by the learned Judge. However, it is clarified if the Petitioner succeeds in his Appeal and gets the licence, he may renew his application before the concerned authority or the Judge. 6. Criminal Writ Petition lacks merit. Dismissed. (K.U. CHANDIWAL,J.) 3 WP 2078.07.sxw