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bharatbhai vyas   01 March 2023

Prevention of curruption act 7

Sirs,

When a complaintat complaints that  a govt. Employee demanded money to sanction their legal subcidy money . After sanction his subcidy money legally by employee,  and complaintant received the amount by bank deposit. After past some day complaintant lodge FIR  at ACB police station showing that employee demands money .

Is it the crime under section 7 of prevention of curruption act?



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     02 March 2023

what is the matter and how are you connected.

Dr J C Vashista (Advocate)     02 March 2023

Prima facie it is an examination hall question 

bharatbhai vyas   02 March 2023

Sirs,

I am retired govt.employee. I complete my law degree in year 1980. As a interested in law matter specially prevention of curruption act.it is my interest to know related cases matter.

Sudhir Kumar, Advocate (Advocate)     02 March 2023

Kindly share facts.              

1 Like

bharatbhai vyas   07 March 2023

Sir,

My friend mr.Damor Agriculture officer faces ACB case .Triial court convicted him.And now his matter is at High court Gujrat.

Complaintant complaint after sanction of agri.subsidy and getting subcidy amount by bank account .prima fecie matter looks to trap officer in personal and political interest 

Pankaj (Student)     13 March 2023

There must be other evidences which prove him taking some benefit from the complainant. Otherwise just on statement of complainant it is not possible.

Sudhir Kumar, Advocate (Advocate)     15 March 2023

In this case the person  has already been convicted. 

 

You appear to be panning to argue in appeal that the trapping officer had personal / political interest May be possible.

 

But :-

 

1.    Whether there was any recovery.

2.    Whether phenolphthalein test conducted property.

3.    Whether shadow witnesses testified.

4.    Whether such political / personal interests argued in the trial court, if so what was finding of the court on the same.

 

1 Like

bharatbhai vyas   28 March 2023

1.yes recovery of money at trap from third party who was in relation to brother with complaint ant. 

2.yes all procedures follow by trap officer .

3.shadow witness (Govt.Panch) tested at trial court .he doesn't support procituion at witness box and also some way clear in cross exam.

4.  

Sudhir Kumar, Advocate (Advocate)     29 March 2023

Then what are going to be your argument before High Court.  you have not replied :-

 

"4. Whether such political / personal interests argued in the trial court, if so what was finding of the court on the same."
 

bharatbhai vyas   29 March 2023

Yes. Complaintant  was at that time concern with political interest and that pointed to trial court,  court didn't  any findings  on the matter .


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