Supreme Court clarifies collective authorization requirement under Section 30 PCPNDT Act in 2026 judgment.
SUPREME COURT ON ILLEGAL STING OPERATION UNDER PCPNDT ACT
CASE SUMMARY – In Dr. Naresh Kumar Garg vs. State of Haryana (2026 INSC 176), the Supreme Court examined the legality of a sting operation conducted under the PCPNDT Act. The Civil Surgeon, acting alone as Chairperson of the District Appropriate Authority, authorized a raid alleging illegal sex determination and non-maintenance of Form F records. The appellant was initially discharged in the FIR but later summoned through a complaint. Relying on Ravinder Kumar (2024), the Court held that search authorization must be a collective decision of the Appropriate Authority under Section 30. A unilateral decision renders the search illegal and may vitiate subsequent proceedings.
| ASPECTS | DETAILS |
| Case Title | Dr. Naresh Kumar Garg vs. State of Haryana & Ors. |
| Introduction | Appeal against Punjab & Haryana High Court order dismissing petition under Section 482 CrPC seeking quashing of complaint under PCPNDT Act. |
| Factual Background | A sting operation was conducted on 17.09.2015 based on complaint of illegal sex determination. Raid conducted at Vatika Medicare. Allegation: Appellant conducted ultrasound without filling Form F and records. FIR registered; appellant discharged by Magistrate. Later, complaint filed by District Appropriate Authority. |
| Legal Issues |
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| Applicable Law |
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| Analysis | Supreme Court reiterated that under Section 30, search must be authorized collectively by Appropriate Authority. A unilateral order by Civil Surgeon (Chairperson) without decision of full authority is illegal. Ravinder Kumar ratio applied. Illegal search vitiates proceedings if prosecution solely based on such search. |
| Conclusion | If authorization was not collective, search becomes illegal. Proceedings based solely on illegal search liable to be quashed. |
| Current Scenario | Proceedings stayed earlier by Supreme Court. Judgment reinforces strict compliance with procedural safeguards in PCPNDT prosecutions. |
“Search and seizure under the PCPNDT Act must be authorized collectively by the Appropriate Authority; unilateral action vitiates proceedings.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – Section 482 CrPC
