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
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
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
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
prove
its case beyond reasonable doubt.
18 The necessary ingredients in trap cases are as under :
(1) Valid sanction for prosecution of the accused ... bribe amount
at the time of trap beyond reasonable doubt.
19 Apart from the above ingredients of trap case, the
Courts are also required
rule of prudence, the
testimony of complainant in a trap case should not be accepted without
corroboration as he is considered as an interested witness ... impeached. Keeping in view the fact that his position in a trap case is like the
position of accomplice/interested witness and his testimony suffers
bribe amount
at the time of trap beyond reasonable doubt.
20 Apart from the above ingredients of trap case, the
Courts are also required ... Roshan Lal's case, it was observed that prosecution case rested
only on the solitary statement of Trap Laying Officer whose version
remains uncorroborated
admitted by P.w.2. Further, normally in a trap case, the decoy witness
(complainant) wold be all along with the trap launch officer till ... servants
against whom a trap case may have been laid."
In this case, except the evidence of the trap team, no independent witness
