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I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

From the record, I find that FIR has been registered against the petitioner, which is reproduced as under:-

"Today on 21.02.2014 secret information was received by Dr.Ramesh Dhankar, Civil Surgeon that one person Sh.Vijay Dandeva, from the aforesaid address is selling portable ultrasound machine in an illegal manner without bill and without asking for registration certificate under PC&PNDT Act. Dr.Ramesh Dhankar for this enquiry constituted a team. Dr.H.R.Passi, Deputy Civil Surgeon, other members of the team Dr.Urender Singh, RMO, Civil Hospital, Bahadurgarh. Sh.Manmohan Taneja, SDCO, Rohtak, Sh.Rakesh Dahiya, DCO Jhajjar, Sh.Amandeep Chauhan, DCO Rewari, and Decoy customer Sh.Neeraj Tyagi son of Tapraj Singh r/o House No.12, New Enclave, Najabgarh, New Delhi-43 reached 2 of 7 CRM No.M-43379 of 2014 and connected petition -3- MIE Bahadurgarh for the aforesaid spot for enquiry. After standing at some gap from that factor I gave Rs.1,50,000/- comprising 1000x100=Rs.1 lac, 500x100=Rs.50,000/- to Decoy customer and scribe my initials on 5 notes of 1000 rupees and 5 notes of 500 rupees whose serial number of 1000 currency notes are 2DT 647922, 9DA 173592, 4BA 041802, 8AW 601660, 1FV 821387 and Sr. No. of 5 notes of Rs.500 currency are 1LF 914579, 0BP 328616, 0NT 469713, 0KA 358489, 9KP 368043 and sent the decoy customer Sh.Neeraj Tyagi for purchasing the machine from the aforesaid person and Sh.Amandeep Chauhan was made as a shadow witness, both of them were sent to that person. Around 3 pm both the two persons entered the said factory. After about half hour on receipt of indication from shadow witness (whose indication by waiving his hand), the other members of the team also entered into the premises of the factory. The decoy customer told that Sh.Vijay Dandeva has sold one portable USG machine (on which sticker of blue colour was affixed mentioning thereon HOSPY-CARE systems and laptop ultrasound) for Rs.1,50,000/- without bill and without the name of any person carrying registration under PC & PNDT Act. Then the aforesaid team obtained Rs.1,50,000/- from the hands of Sh.Vijay Dandeva, which carry the same initials, which were scribed by me before coming to the factory and also portable USG machine were also recovered from the table. I immediately inform City Thana Bahadurgarh on landline telephone. Aforesaid Sh.Vijay Dandeva told that these type of portable USG machine are being brought from China and is also getting their parts. From this part he is making his own portable USG machine. Then the sticker of his firm are affixed. He is also purchasing old machines and is selling them after their repair in Haryana and other States and is providing repair service. He is selling these machines in Haryana and other States, to people who are not registered under PNDT Act 3 of 7 CRM No.M-43379 of 2014 and connected petition -4- and without bill. He also informed that till today he has sold these type of 12 machine in Haryana and other States in an illegal manner and has never informed District Appropriate Authority, Jhajjar and State Authority with respect to the sale and purchase of these machines. Two bills bearing No.155 dated 18.01.2013 pertaining to M/s Switz Meditech System, Bihar for Rs.1,02,000/- and two machine vide bill No.174 dated 26.02.2013 in favour of Bijoy Tumorday, Gaya, Bihar for Rs.2,63,125/-. No intimation has been given to the aforesaid authority for the sale of these machines. Then the team made a seizure memo under Rule 12 of PC & PNDT Act, 1994 on which the members of the team and aforesaid Sh.Vijay scribed their signatures and the portable USG machine pro and electric connector wire and jally were packed in different packets as mentioned in the seizure memo, on which, I scribed my signatures. Apart from this, one sale book was also got recovered whose number were 151 dated 10.08.2012 to 2000, whose last bill No.174 dated 26.02.2013 has been shown to be issued. In the meanwhile, police reached at the spot. Then all the aforesaid packets and seizure memo, aforesaid bill books and aforesaid sale bill were handed over to the police. In this manner aforesaid Sh.Vijay Dandeva by selling portable USG machine illegally and without giving intimation to the authority and by selling it to the unregistered person has committed an offence. Hence, case be registered under Section 3, 3B, 23, 25, 26 and Rule 3-A under PC & PNDT Act against the aforesaid person Sh.Vijay Dandeva and further proceedings be done and from his possession remaining portable machines, probe, sale record prior to 10.08.2012, laptop ACER (which may contain details of sale) be taken into possession and interrogation be got done of Sh.Vijay Dandewa regarding how many portable USG machines and other ultrasound machines from China or other countries after importing and till today how many of the same have been sold 4 of 7 CRM No.M-43379 of 2014 and connected petition -5- in Haryana and other States and to which person. All the aforesaid portable machines illegally sold be got recovered and the persons from whom these machines are recovered, against those persons also case under PC & PNDT Act be registered and on the import licence of the aforesaid firm how many machines were purchased from China and of which company and which brand, these details be also taken. Aforesaid Sh.Vijay Dandeva informed his import licence No.0509009140 dated 05.05.2000. All the aforesaid offences are non-bailable cognizable and non-compoundable. From the aforesaid complaint offence under Section 3, 3B, 23, 25, 26 and Rule 3A PC & PNDT Act, 1994 and Rules 1996 have found to be committed and the case has been got registered."