The Bombay High Court employee, Sridhar Chavan, was acquitted of corruption charges such as taking bribe by virtue of illegalities involved in trap along with inconsistencies in the prosecution evidence.
Chavan who was a Chobdar in the High Court establishment in his criminal appeal against the order of the Special Judge for Greater Mumbai had challenged his conviction under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act 1988, and sentence of rigorous imprisonment for 1 year, and fine.
The Court in case observed that “Where you intercept the natural course of the corrupt stream by setting an invisible contraption its ethics is above board. On the contrary, to test the moral fire of an officer whose reputation is suspect, if you lay a crime mine which explodes when he, in a weak moment, walks on it the whole scheme is tainted.”
Another conspicuous flaw with the procedure adopted by the Anti Corruption Bureau was that permission of Chief Justice of the High Court who is in charge of the administration of the establishment was not taken before arranging the trap.