Departmental officials in the matter of investigation in the trap cases. It is
contended that as per Rule of 47 of the Directorate of Vigilance ... independent witnesses in the departmental traps, are found
inadequate and where the instructions relating to such departmental trap cases
are not fully adhered
apply to the present case as the said G.O. would relate to the regular cases other than trap cases. Therefore, the investigation and filing ... class, as the case may be, or make arrest therefore without a warrant.
17. In the present case, it is the case of the prosecution
2017
defence was pleased to hold that, in all trap cases, it is just and
necessary that recording of the complaint/registration of crime ... High Court was pleased to hold that:
"8. In trap cases, the question of surprise raid is not conceivable and tenable
unlike investigation
upon
by the defence was pleased to hold that, in all trap cases, it is
just and necessary that recording of the complaint/registration ... High Court was pleased to hold that:
"8. In trap cases, the question of surprise raid is not conceivable and tenable
unlike investigation
condition
precedent to embark upon investigation in
trap cases - HELD, In trap cases, the
question of surprise raid is not conceivable
and tenable unlike investigation ... method of surprise raid is totally
impertinent and irrelevant in a trap case.
Otherwise, the Investigating Officers would
become arbitrary and could create
unwarranted commotional
trap case was proved. The prosecution case was one integrated story, which the trial Court accepted. But the High Court in the said case ... prosecution case, has not been proved, the second part cannot be accepted.
23. In the instant case also, the case of the prosecution is that
Trap Laying Officer to examine the
accused and to get his explanation after his arrest at the place of trap. But
in this case ... Investigating Officer failed to get their signatures as
witnesses. In trap cases, the three main ingredients viz. the demand,
acceptance and recovery have
this
Court.
Ex.P.108 : Circular regarding handing over the trap cases
by Lokayuktha and taking over of the cases ... trap cases by Lokayuktha and taking over of
the cases by CBI.
Ex.P.110 : Copy of Letter - Regarding handing over the
trap cases
Accused Ashok
Kumar Raswant was put on trial.
CASE OF THE PROSECUTION
2. The present case was registered on 01.04.2004 for the
offence punishable under ... documents
seized during the house search of accused in a trap case
bearing no. RC 1(A)/2002 revealed that accused Ashok
Kumar Raswant
bribe which are sine qua non
for establishing the offence. In trap cases ... prior approval or sanction to
investigate such an officer in a trap case is likely to
defeat the very purpose of trap and the
investigation
