deposed the
same as PW2 relating to PreTrap procedure and the trap
procedure. He has identified the Trap Mahazar ... deposed that he has
followed pretrap procedure and the PreTrap Mahazar is
identified by him which is already marked
prepared in his office and after preparing the entrustment
Mahazar, the trap procedure was clearly explained by the PW10 to the
witnesses ... decided in this case
is that after the trap proceedings, the Trap Laying Officer has to examine the
accused immediately and record the statement
present appeal, under section 378 of the Code of Criminal Procedure,
1973, is directed against the judgement and order of acquittal dated
24.04.1997 passed ... guise of entry fees.
Therefore on 23.09.1996 after following necessary procedure
trap was arranged by the P.I., A.C.B.. The panchas were called
trap case of the like
nature particularly when the prosecution has failed to
adhere to pre-trap and post-trap procedure.
c) That the prosecution ... appellant was examined in
terms of Section 342 of J&K Cr.PC and was directed to lead
defence evidence, however, he chose
Inspector Devade.
Trap was arranged. Panch witnesses were called. The
complainant produced amount of Rs.2,000/- for trap. Procedure
for trap was completed ... Anti-Corruption Bureau, Thane office and
lodged Complaint. Panchas were called. Procedure for trap was
completed. Instructions were given to complainant and panch
witnesses
along with
bribe amount on 18.05.1999. Then he deposed about pre-trap procedure
conducted in the ACB office. He further stated that after making ... maker of 164
Cr.P.C . statement resiles during the trial but admits of his giving
statement under 164 Cr.P.C . and its contents
trap proceedings
and post-trap proceedings and he claimed to be a witness during
the things that were happened in the post-trap proceedings ... report to D.S.P., ACB. He spoken
about the pre-trap procedure conducted in the presence of the
mediators
Office, Calcutta and the Investigating Agency
gave a demonstration of the trap procedure and the entire exercise was
reduced in writing as pre trap memorandum ... defence
of the appellant as evident from his statement under Section 313 Cr.P.C. was
to the effect that he was innocent
REVN-122-03
before panchas and Dy. S.P. The pre-trap procedure was completed .
The Anti-Corruption Bureau officers, the applicant and the panchas ... demand and acceptance of bribe. The pre-trap and post trap
panchanama also show that the trap was laid and the amount was
found with
four months. The
3
Court below also invoked Section 428 of Cr.P.C. for set-
off, if he was in custody. Being aggrieved ... complaint, case has been
registered and after following due procedure, trap was
laid and tainted money was recovered at the instance of
this appellant
