The High Court of Allahabad has taken strong exception to procedural lapses in handling bribery cases under the Prevention of Corruption Act, particularly regarding the conduct of trap and recovery operations. The Court ruled that critical procedural actions — including washing of the hands of the accused and complainant and sealing of the recovered bribe money — must be conducted at the very location where the trap was laid, and not at the police station. It observed that performing these steps at the police station undermines the sanctity and reliability of trap proceedings.
The issue arose in a case involving a labour‑enforcement officer accused of demanding a bribe. Though the accused was allegedly caught red‑handed and money was recovered, the Court noted that the hand‑wash test and sealing of cash were done at the police station rather than at the trap site. The recovery memo was also prepared at the station and not on the spot. The Court found that these procedural defects cast serious doubt on the legitimacy of the trap.
Given the recurrent nature of such lapses, the Court directed the Principal Secretary (Home) of Uttar Pradesh and the state’s DGP to issue instructions ensuring that all future PC Act trap operations strictly follow the requirement that hand‑washing and sealing must happen at the location of the trap.
In light of these deficiencies, the Court granted bail to the accused, observing that the procedural irregularities could not be ignored. It reasoned that unless proven guilty beyond reasonable doubt, the accused is deemed innocent, and bail should not be denied on punitive or preventive grounds.
The Court’s decision underscores the importance of rigorous adherence to procedure in bribery‑trap investigations. Any casual or sloppy handling of evidence — such as delayed sealing or shifting recovery to a police station — can compromise the validity of the case. The order aims to restore integrity and uniformity in how corruption cases under the PC Act are investigated across the state by institutionalising mandatory protocols for traps.
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