Prevention of Corruption Act , and the
appreciation of evidence relating to trap cases, as can be gathered
from the authoritative pronouncements of the High Courts ... others, and cases involving possession of
disproportionate assets. A majority of the cases coming up before
the Courts are, however, trap cases. Laying of traps
house search conducted in Cr.No.12/RCT-VSP/2010 (trap
case) the AO acquired disproportionate assets to a tune ... Tribunal for Disciplinary Proceedings to conduct
enquiry on the trap case. However, not leaving the matter there, the Director
General, ACB sought for sanction repeatedly
details of the said
allegations and the trap case set apart in regard to the abovesaid transaction
for demand of illegal gratification by the original ... maintained from the registration till the successof the
Trap. During the registration of Trap Case VC 01/2021 also
secrecy was maintained by submitting
respect of this particular case is
fatal to the case of the prosecution?
3) Whether the accused proves that not submitting ... immediately
after its registration, i.e., prior to the trap is
fatal to the case of the prosecution?
4) Whether Accused proves that in this
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
advanced by the defense was not sustainable.
(iii) That in a trap case the deposition of the Complainant cannot be
brushed aside and needs ... case the complainant is not an accomplice because it is at his instance
that the case starts. If there is no complaint, no trap
such cases the trap officer is highly interested in the success of the trap and the complainants of such cases are put under ... pressure so that the falsity of the trap may not be exposed. In all running trap cases where there being no previous demand made
petitioner in this case. It was further argued that the case
of P.Sirajuddin (supra) is not applicable in this case, as it pertains ... obtain
requisite permission, from the Court soon after the case is
registered. In case, the trap materializes, it will be necessary for
the Investigating Officer
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
under:
The burden of proving the prosecution case, generally lies on the prosecution even in case of trap of bribery, this burden is not . shifted ... microscope. Is it not yet another trap for getting out of a trap, in a trap case, can only be taken by careful enquiry
