37-REVN-180-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.180 OF 2024 Dr. Ramesh Vyankatesh Devgirikar …. Applicant V/s. State Of Maharashtra …. Respondent ---- Ms.Manisha Devkar a/w Ms.Siddhi Patil, for the Applicant. Mr.Shrikant H. Yadav, APP, for Respondent-State. Mr.Pradeep Kumbhar, PC No.2428, Miraj Gramin Police Station. ---- CORAM : SHIVKUMAR DIGE, J. DATE : 25th APRIL 2025 P.C:- . By this Application, the Applicant is challenging the order passed by the learned Additional Sessions Judge, Sangli below Exhibit-156 in Sessions Case No.99 of 2017, thereby rejecting the Application filed by the Applicant for return of property i.e. two sonography machines. 2. It is contention of the learned counsel for the Applicant that, two sonography machines of the Applicant have been seized by the police in connection of the offence registered N.S. Kamble page 1 of 4 NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2025.04.28 11:37:47 +0530 37-REVN-180-2024.doc against the Applicant. The Applicant is qualified Medical Practioner having a license to run his business. The seized articles are necessary for his clinic and therefore be returned these articles on suitable condition and requested to allow the Application. 3. It is contention of the learned APP that, the Applicant has carried the sex determination test illegally on the said machines. After carrying out the said illegal determination one patient was died. The offence under relevant Sections of the IPC registered against the Applicant and co-accused as Applicant has carried out sex determination illegally, if machines are returned to him he may again indulge in the said activities and requested to reject the Application. 4. I have heard both learned counsel. Perused documents produced on record. 5. While passing the order the learned Sessions Judge has observed that, the Applicant has carried out sex determination test illegally on the said machine and said machines required for identification during the evidence, on that N.S. Kamble page 2 of 4 37-REVN-180-2024.doc ground and other grounds the learned Sessions Judge has rejected his Application. 6. In my view the Applicant is Medical Practitioner. He has license to run the clinic. The said machines have been seized in the year 2017, if direction is given to the Applicant not to use said machines for carrying out sex determination would sufice and I pass following order. ORDER (i) Application is allowed. (ii) The order passed by the learned Sessions Judge below Exhibit-156 in Sessions Case No.99 of 2023 is quashed and set aside. (iii) The Investigating Officer is directed to hand over the possession of the two sonography machines owned by the Applicant seized by the seizure panchnamma dated 08th March 2017 i.e. (i) Sonography Machine (Aloka Pro Sound Alfa 6) IPF1503 and (ii) Sonography mmachine (Aloka SSD 500) to the Applicant. N.S. Kamble page 3 of 4 37-REVN-180-2024.doc (iv) The Applicant shall execute indemnity bond as per procedure. (v) The Applicant shall not use the said machines for carrying out illegal sex determination. (vi) The indemnity bond and undertaking shall be given before the Trial Court. (vii) The Applicant shall file undertaking before the Trial Court stating that, he will not use the machines for sex determination. (viii) All pending Applications are disposed of. (SHIVKUMAR DIGE, J.) N.S. Kamble page 4 of 4