VidhiSangh

Supreme Court of India · 12/09/2024

RAVINDER KUMAR versus STATE OF HARYANA

[2024] 9 S.C.R. 397 · 2024 INSC 684

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Summary

The Supreme Court quashed an FIR and complaint under the PC-PNDT Act against a radiologist because the raid on his clinic, the sole foundation of the prosecution, was authorised by the Civil Surgeon alone. Section 30(1) requires the multi-member Appropriate Authority itself to form a reason to believe that an offence is being committed; a search ordered by one member is illegal, and prosecuting on it is an abuse of process.

Issues

  1. Whether a search under Section 30(1) of the PC-PNDT Act authorised only by the Chairman of a multi-member District Appropriate Authority is valid.
  2. What the expression 'has reason to believe' in Section 30(1) requires of the Appropriate Authority.
  3. Whether a prosecution founded solely on material seized in an illegal search can continue.

Provisions considered

Held

Result

Appeal allowed; High Court judgment of 13.01.2023 set aside; FIR No. 408 of 27.04.2017 at Gurugram and complaint COMA No. 40 of 2018 before the CJM, Gurugram quashed.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 397.