District Appropriate Authority Under PNDT Act vs Jashmina Dilip Devda 2024 INSC 173 :: [2024] 3 S.C.R. 60 – S 20 Pre­ Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act

Pre­ Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994; Section 20- Power of sub­section (3) of Section 20 of PC&PNDT Act is notwithstanding the power of sub­sections (1) & (2) of Section 20. The said power can only be exercised when the appropriate authority forms an opinion that it is necessary or expedient in public interest to do so. It is incumbent upon the appropriate authority to form its opinion based on reasons expedient or necessary to exercise the power of suspension – if the appropriate authority finds breach of provisions of PC&PNDT Act or the Rules it may, after issuing notice and giving a reasonable opportunity of being heard, without prejudice to any criminal action against the licensed entity, suspend its registration for such period as it may think fit or cancel the same as the case maybe. The appropriate authority has also been conferred with a power under sub­section (3) of Section 20 notwithstanding the power under sub­section (1) & (2) of Section 20. In the said situation in case, the authority forms an opinion that it is necessary or expedient in public interest, then after recording reasons in writing, it may suspend the registration of the licensed entity without notice as specified in sub­section (1) of Section 20. Thus, the power of sub­section (3) is intermittent and in addition to the power of sub­section (2) but it may be exercised sparingly, in exceptional circumstances in public interest. In our view, the power of suspension, if any exercised, by the appropriate authority deeming it necessary or expedient in public interest for the reasons so specified, it should be for interim period and not for an inordinate duration. (Para 16-17)

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