JUDGMENT: 1. By consent, these revision applications are heard finally and are disposed of by this common judgment. 2. On 8th August, 2007 the complainant, who is the appropriate authority appointed under Section 17 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, (Hereinafter referred to as the Act" "said Act") visited the respondents Diagnostic Centres and it was revealed to him that there were contravention of provisions of the said Act. Therefore, the complainant seized and sealed the record and the ultrasound machines and equipment which were used by the respondents for the purpose of determination of the sex fetus. The complainant, then filed complaints before the learned Judicial Magistrate, First Class, Karjat. The criminal cases are still pending. 3. The respondents, then applied seeking permission to de seal the ultrasound Machines and allow them to use the same. 4. After hearing both the sides, the learned JMFC, Karjat, directed the complainant to open the seal put on the ultrasound machines and hand over them to the respondents. These orders are challenged in these revision applications. 5. Admittedly, before the complaints were lodged, the respondents had registration of Genetic Clinic having prenatal diagnostic techniques approved for using ultrasound machine. The certificate of registration were issued in favour of the respondents under Section 19 of the said Act. 6. When, the complainant as said above, visited the applicants Clinics and took inspection of the record of the Clinics, he found various irregularities and violation of the provisions of the said Act. The complainant alleged that contrary to the provisions of the said Act, the respondents had kept with them, the key of the room where the Ultrasound machines were kept. It was further revealed that the respondents had not kept record in OPD section of the Clinics and further that the respondents had not obtained the consent letters in appropriate format. The complainant found that the violation mentioned above, would amount to an offence under Section 29(1) and (2) and Rule 9(1), 10(1), 17(2) of the said Act and Rules made thereunder. The complainant, thereafter, sealed the ultrasound machines and recorded it in the panchanamas. In view of this action, the applicants were unable to run their Clinics and were unable to use the ultrasound machines. The complainant, thereafter, sealed the ultrasound machines and recorded it in the panchanamas. In view of this action, the applicants were unable to run their Clinics and were unable to use the ultrasound machines. Besides sealing of these machines, the appropriate Authority appointed under Section 17 of the said Act, passed an order under Section 20 of the said Act, suspending the registration of the Genetic Clinics of the respondents. 7. The respondents have so far not filed appeal under Section 21 against the order suspending the registration of their Clinics. They moved an applications to remove the seals put on their ultrasound machines. 8. The learned Magistrate, allowed the applications holding that the seals put on the ultrasound machines, should be opened in view of the provisions of Section 45 of the said Act, read with Section 102 of the Code of Criminal Procedure, 1973. 9. The question is whether, this finding is correct. The answer is in affirmative. 10. The learned Magistrate, has rightly placed reliance on Section 30(2) of the said Act, which reads as under : "30. Power to search and seize records, etc- etc-(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place, such Authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such Authority or officer considers necessary, such Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such Authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act." 11. Section 30 of the said Act read with Rule 12 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereinafter referred to as, "1996" Rules 1996") gives power to the Appropriate Authority to search and seize the record etc.. 12. Section 30 of the said Act read with Rule 12 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereinafter referred to as, "1996" Rules 1996") gives power to the Appropriate Authority to search and seize the record etc.. 12. Rule 12 of the Rules 1996, reads as under: "12. Procedure for search and seizure- seizure-(1) The Appropriate Authority or any officer authorised in this behalf may enter and search at all reasonable times any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Imaging Centre or Ultrasound Clinic in the presence of two or more independent witnesses for the purposes of search and examination of any record, register, document, book, pamphlet, advertisement, or any other material object found therein and seal and seize the same if there is reason to believe that it may furnish evidence of commission of an offence punishable under the Act. Explanation- In these rules- (1) "Genetic Laboratory/Genetic Clinic/Genetic Counselling Centre" would include an ultrasound centre/imaging centre/nursing home/hospital/institute or any other place, by whatever name called, where any of the machines or equipments capable of selection of sex before or after conception or performing any procedure technique or test for pre-natal detection of sex of foetus, is used; (2) "material object" would include records, machines and equipments; and (3) "seize" and "seizure" would include "seal" and "sealing" respectively." . However, Subsection (2) of Section 30 makes it clear that the provisions of Cr.P.C. relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act. 13. The relevant provisions in Code of Criminal Procedure, 1973 are under Sections 102 and 457. They are as under: "Section 102. Power of police officer to seize certain property: (1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. (2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. (2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. (3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court ( or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation), he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same: (Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of Section 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.) Section 457- Procedure by police upon seizure of property. (1) Whenever the seizure of property by any Police Officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation." 14. Section 102 provides that when continued retention of the property seized in police custody is not necessary for the purpose of investigation, the property might be given in custody of any person on his executing a bond. Section 457(1) provides that whenever the seized property is not produced before the Court during the enquiry or trial, the Magistrate might make such order as he thinks fit for disposal of such property or delivery of such property to the person entitled to possession thereof etc.. In these cases, admittedly, the ultrasound machines are not produced before the Magistrate. Their retention in sealed condition is not necessary for the purpose of investigation. It is clear from the allegations that no offence is alleged in respect of use or misuse of the ultrasound machines. So, the learned Magistrate was right in holding that such machines should be handed over to the applicants in unsealed condition. In other words, he directed removal of the seal from the machines. There is nothing illegal in these orders. The only hitch that remains in the respondents’ way is that the certificate of registration of the Genetic Clinics are still under suspension and unless such suspension is set aside by the appropriate Authority, the respondents will not be able to use the ultrasound machines. So, on one hand, even if I pass an order dismissing these revisions, it would still be incumbent upon the respondents to get the orders of suspension of the certificate of registration set aside by filing the appeal under Section 21 of the said Act. Hence, the order. i) The revisions are dismissed. Rule is discharged. ii) The complainant shall remove the seals on the ultrasound machines of the respondents as soon as the competent Authority, under Section 21 of the said Act, set aside or stay the orders suspending the certificates of registration of the respondents Genetic Clinics.