Case against me under PCPNDT act with inappropriate ruling
I am a registered and practicing ultra sonologist in Rajasthan from last 18 years. In 2009, a sub divisional appropriate authority under PCPNDT act visited my clinic for a regular inspection. During the inspection they found out that I wasn't wearing my name tag along on my apron which is apparently a must for the doctor. After the inspection no action was taken but after 2 years i.e. in 2011, a case was registered against me for the same mistake occurred in 2009. We appealed against it in Rajasthan high court in 2012 and after 3 years we have received the verdict against us as though the judge accepts verbally that this is not a big deal but because it is written in the law that the offence whether it is sex determination, or not wearing a name tag, not having copy of PCPNDT act during the inspection, the offence is punishable with imprisonment ranging from 1-3 years.
This kind of case is registered against around 70 doctors in our district. What is the best way to fight against it as the law i really not giving us any options to prove us right.
Asked in Criminal Law from Sri Ganganagar, Rajasthan
1. Since the HC has ruled against you the only legal recourse available to you and other doctors is to either move the SC or a larger bench of the HC itself. Whether there is a scope to move the larger bench of the HC can be ascertained only after a threadbare perusal of the HC order.
2. The other option available to you is to contest the case in the lower court.
1. What was the verdict you received from the High Court as stated by you?
2. If aggrieved about the said 'verdict' of the High Court file an application challenging it before the Supreme Court,
3. However, you can also file a Special Lave Petition before the Supreme court challenging the lw or its operational part.
For the wrong thing done by you there is no reprieve for you and you cannot blame the law for your mistake.
Being a doctor what prevented you from not displaying your name through the name tag which was otherwise required to be adhered to, legally?.
Whether 70 or 7000 doctors, all those who have deliberately done the mistake by ignoring the law have to face the music of law.
You can prefer an appeal against the judgment on the justified grounds you may be thinking of.
Without seeing the contents of Charge sheer , the lower court verdict it is nearly impossible to comment on the way out.
If the trial court failed to prove the offence then surely the judgment of conviction would be set aside in high court. But to advice on this issue all the relevant papers requires perusal.