VIGILANCE MANUAL VOLUME III - AP Online

338 DECISION - 103
(C) Trap — investigation illegal, effect of
(i) Permission to investigate the case under section
5A of Prevention of Corruption Act, 1947
(corresponding to sec. 17 of P.C. Act, 1988) includes
laying a trap.
(ii) Illegality of investigation by an officer not
competent does not vitiate the jurisdiction of court
for trial.
(D) P.C. Act, 1988 — Sec. 20
(E) Trap — burden of proof
Burden of proof resting on accused public servant
under section 4 of Prevention of Corruption Act,
1947 (corresponding to sec. 20 of P.C. Act, 1988)
is satisfied if he establishes his case by
preponderance of probability.
(F) P.C. Act, 1988 — Sec. 19
(G) Sanction of prosecution — under P.C. Act
Sanction of prosecution granted by the Head of
Department not competent to remove the public
servant from service, is not valid.
Sailendra Bose vs. State of Bihar,
AIR 1968 SC 1292
The appellant was Assistant Medical Officer in Railway
Hospital. Doman Ram, a Khalasi, who was suffering from dysentry
and stomach pain was sent to the appellant for treatment. The
prosecution case was that before giving him fitness certificate,
appellant demanded Rs. 5 as bribe. The matter was reported to the
Special Police Establishment and a trap was laid. The appellant
admitted that Doman Ram had paid him Rs. 5 but claimed that it was
a return of the loan given to him.