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Accused facing trial in trap case acquitted
10/9/2006 11:40:46 PM





Jammu, October, 09:- Special Judge Anticorruption Jammu Mr. JR Kotwal today acquitted Triloki Nath Bhan the then Sr. Assistant in the office of Relief Commissioner Jammu, who was caught red-handed, while accepting Rs 1000/- from the complainant on October 25, 1999 as the matter is open for consideration of the Vigilance Organization.



According to the Vigilance Organization that the complainant Manohar Lal lodged a complaint with the Vigilance Organization that accused Triloki Nath Bhan a senior assistant at the relevant time in the office of relief commissioner Jammu demanded Rs 10,000/- for the release of relief, which was stopped and the deal was settled at Rs 1000/-. Upon this Vigilance Organization constituted a trap team headed by Mr. Abdul Gani Choudhary DySP, laid the trap and caught the accused red-handed recovered bribe money from the pocket of his pent, after completion of the investigation presented Challan in the Court of Special Judge Anticorruption Jammu.



It was alleged that the complainant and his family member were getting migrant relief from the Zonal office Bhagwati Nagar, the Zonal Officer told the complainant that his relief has been stopped and file was lying Mr. Bhan as there is another ration card existing on his name with Zonal Officer Trikuta Nagar and found that some other persons drawing ration and relief on the name of the complainant. The accused who is working as registration clerk in the office of Relief Commissioner for release of relief demanded Rs 10,000/- and deal was settled at Rs 1000/-.



In the 35 pages acquittal judgment Mr. JR Kotwal after hearing CPO for the state and Advocate Kamal Chopra appearing for the accused observed that it could have been a case of fraud committed by the complainant himself by getting himself registered with two relief zones, a possibility which the controlling officer Dr. Abdul Aziz Khan the then SSP Vigilance Organization Jammu too has concurred in his statement. After determination of this question, the investigating agency should have further determined as to whether there was possibility accused doing a favour to the complainant for which he would have demanded illegal gratification. The prosecution has failed to prove that the accused was in a position to do alleged favour to the complainant to release his relief in favour of the complainant. A fruitful result of trap can uphold and vindicate the credibility of the trap. Otherwise the victim of the trap would nourish the well-founded propounded behalf of innocence and victimization. To say in brief after seeing two relief cases in the name of family unit, an apparent involvement of a public servant in making of what has been called the forged case and even receipt by someone of the relief cheques in terms of the forged case, investigator before closing the investigation and putting the accused to trail, should not have shown apathy which is evident from the statement of investigating officer Mohd Ayub Zargar and Controlling Officer SSP to prove this aspect of the matter. However the matter is still open for consideration of the Vigilance Organization, with these observations Court acquitted from the charges leveled against him.
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