acceptance is doubtful, the trap
arranged by the Vigilance Officer also must be doubted. A
trap for a trap arranged by the police ... arranging such a trap to see that a
particular public servant is trapped, cannot be said to be a
genuine or legitimate trap. Such
case, the prosecution has to show that the trap was a legitimate trap. In the instant case, the trap is admitted. This Court ... doing so, had thought of laying a trap. Such a trap cannot be said to be a legitimate trap, because it was the duty
same & necessary to be proved in ascertaining whether the trap laid is legitimate or illegitimate. As far as the case of the prosecution ... goes, the trap in this case can be termed as a legitimate trap, inasmuch as the bribe had already been demanded by the accused whereafter
itself to act upon
it.
16.Now coming to the witnesses in trap cases, as held in
Basawan Singh 's case (supra ... brings
them to witness the payment it will be a legitimate trap and
in such cases at the most he can be treated
principles on which the
employment of Magistrates as witnesses of police traps has
been condemned have hardly any application where the
Magistrates concerned are executive ... distinction has been drawn between two kinds of 'traps'-
legitimate and illegitimate-as In re M. S. Mohiddin (1), and
in some other
Court On Its Own Motion vs State And Others on 21 August, 2008
Author: Madan
illegitimate.
"There are two kinds of traps, "a legitimate" trap where the offence has already been born and is in its course ... brings them to witness the payment, it will be a "legitimate trap" wholly laudable and admirable, and adopted in every civilized country without
that observations of learned A.S.J brandishing the
complainant in a trap case as accomplice amounts to discrediting
the criminal justice system itself ... witnesses and not trust worthy, is unfortunate. In case
of a legitimate trap, the persons and police officials taking part in
trap, in no
sense
trap. A trap for a trap at the instigation,
or at the instances of somebody who is interested in such a
trap ... servant is trapped, cannot be said to be a
genuine or legitimate trap. Such a trap is a vicious one or an
illegitimate
trap and executing the same.
10. I consider that observations of learned A.S.J. brandishing the complainant in a trap case as accomplice amounts ... witnesses and not trust worthy, is unfortunate. In case of a legitimate trap, the persons and police officials taking part in trap, in no sense
