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2h ago

Allahabad High Court Orders UP DGP, Home Secretary to Fix Bribery-Trap Protocols

The court criticized casual trap practices that shift crucial steps away from the scene, undermining evidentiary integrity.

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In most of the cases, neither the hands of the accused and the complainant are being washed at spot where trap was made nor even the recovered bribe money is being sealed at the place of trap, the court said. (For Representation)

Overview

  • Justice Samir Jain’s December 1 order directs the Principal Secretary (Home) and the Uttar Pradesh DGP to issue corrective directions, including formal circulars, for PC Act trap investigations.
  • The directive came while granting bail to Labour Enforcement Officer Suresh Prakash Gautam in a Saharanpur case recorded as a bribe trap with cash recovered from him and about ₹21.50 lakh found at his home.
  • The court noted systemic lapses such as failing to wash the accused’s and complainant’s hands at the spot, not sealing recovered money on-site, and preparing recovery memos at the police station.
  • Timeline inconsistencies—an August 14 application by the accused alleging a conspiracy followed by the complainant’s August 21 move—led the court to say false implication cannot be ruled out at this stage.
  • The bench observed that investigators did not probe the source of the ₹21.50 lakh and filed a charge sheet only under Section 7 of the PC Act, and it asked the Registrar General to forward the order for compliance.