• ACB case

Dear Sir/Madam,

      I was falsely implicated in an ACB trap case in november, 2015. The complainant wantedly filed compaint against me with the ACB. I received the file of complainant regarding passing of bill for Rs. 30000/- just two days prior to the trap. I disposed the file and the amount was credited into the bank account of the complainant by the time of trap. The complainant wantedly planted the money in an envolope cover underneath my keyboard which laying on my office table when i was not there at my seat in fact I went for lunch at that time. After having my lunch I came back to my seat and doing my regular work, just after five minutes few people came to my seat and claimed that they are acb officials  and asked me about the cover underneath my keyboard. I told them that I have just now come to my seat after  having my lunch and I don't know about the cover who kept under the keyboard. They asked me to pick the cover from the keyboard but i rejected to pick. After few minutes one of the ACB officials picked that cover from the keyboard and conducted the phenolophathein test on my hands which resulted into positive even if i didn't touch the cover and I shocked with that positive result. The acb officials drafted the proceedings and sent me judicial remand. After I enlarged on bail, I approached my office head and took the CCTV footage wherein it was clearly visible that the complainant went to my seat and kept the cover underneath my keyboard   in the absence of myself. The complainant told in his 164 statement and FIR that he has given me the money and I took with my right hand and kept in my trouser pocket which is quite opposite in cctv footage wherein the complainant planted the cover underneath my keyboard. I took the cctv footage from my office head and kept with me and I filed a petition also in the acb court for bringing the cctv footage from my office in the middle of 2017. The judge passed the order and directed the acb officials for collecting the  cctv footage from my office, but till now acb officials didn't produce the cctv footage to the court.

Please advise me chances of aquittal from this case with the available evidence of cctv footage and I neither demand nor  accept the bribe from the complainant as I have disposed the file within two days of receipt of file and amount also credited into the bank account of the complainant by the time of trap.
Asked 3 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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15 Answers

You have good case on merits

2) the CCTV footage clearly reveals that envelope was planted in your keyboard in your absence

3) wait for filing of charge sheet

4) then make application for discharge before trial court

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Hello Good Evening,

The cctv video will play an important role but I have a question in my mind . How come the test shows the positive result when you have no idea about the envelope?

Regards

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

I can assure you that you will be acquitaled from the case as in criminal matter mere suspesion to fact that the offence is not proved beyond down the convection is set aside in your case there.is direct evidence to the effect.

Kindly get the cctv record exhibited as evidence.once it is done than the statement of complaint in investigation and the complaint shall be contradicting once the evidence is on record reach high court to directly quash the proocedings as on evidence on record also the trial court will acquit you.

It is necessary to get cctv footage through.court as this way it shall come.with an FSL report and the authority shall depose to its correctness.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

If the FIR and 164 statement do not match along with the CCTV recordings there is no chance of conviction but your advocate must be very quick and adequate.

Vimlesh Prasad Mishra
Advocate, Lucknow
6802 Answers
23 Consultations

4.9 on 5.0

Sir if acb officials does not being any cctv footage adverse inference must be drawn against them. Use the recording which you have in your defence after your 313 statement is recorded. Ask your lawyer to produce the same in CD along with certificate with certificate as per evidence act provision and Mark it as exhibit defence. Your acquittal chances are more if your lawyer does handle case properly.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes there are absolute chances of your acquittal in the alleged case. No doubt the evidence available in the form of CCTV footage is very helpful in your defense. More important thing in the matter is the amount of Rs.30,000/- of the de- facto complaint was already credited to his bank account prior to 2 days of ACB sleuth and as such there is no case made out anti you and your case is fair case of acquittal. If acb officials did not produced cctv footage of your office premises than yo have to file a petition through your advocate for produce the enter record pertaining to case including cctv footage. You can too seek the cctv footage from your office concerned officer to be produced the cctv footage. More importantly your must collect the data that the bill of Rs.30,000/- of the defacto complaint was credited to his account much prior to 2 days of alleged acb officials visited the office. It is not the case the allegations are that you have demanded amount and withheld / unreleased the bill amount. While the bill amount was already released the case is not falls under the provisions of anti corruption. There are several cases of acquittal in which the work is already done and the allegation of demanding of money for favoring for a person alleged. There are lot of chances and possibles of your acquittal.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Hi,

The CCTV footage will be definitely helpful and you need to bring additional facts also for your acquittal.

Ganesh Singh
Advocate, New Delhi
6581 Answers
13 Consultations

4.5 on 5.0

draw attention of court to fact that orders passed by court have been openly flouted by CBI

2) that although one year has passed till date CCTV footage has not been collected

3) file application before discharge before trial court

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

If chargesheet is filed just now and no charges has been framed yet approach high court under 482 Crpc seeking to quash FIR filed by ACB. And your collection of cctv footage will be used as evidence during your trial and you can use same as defence evidence.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Ask the ACB court to direct the cbi authorities to collect the footage and raise objection to effect that cbi is not willingly producing the evidence before court. Further seek direction to produce it for court based on previous order of court.

Further quashing petition in high court or discharge application in the ACB court once the charge sheet is filed after the footage is brought under evidence

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Please advise me chances of aquittal from this case with the available evidence of cctv footage and I neither demand nor accept the bribe from the complainant as I have disposed the file within two days of receipt of file and amount also credited into the bank account of the complainant by the time of trap.

The documentary evidences are very strongly supporting your side, including the routine events which are in your favor.

You may fight it out properly on the basis of the evidences of CCTV surveillance camera footage as well as the disposal of his case two days prior to this trap case.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

I have filed a petition in acb court through advocate for producing the cctv footage and the judge passed the order and directed the acb officials to collect it from my office and produce the same before the court. But the acb officials didn't collect the cctv footage even after lapse of one year of passing the order by the judge. However, I have collected the cctv footage from my office head and kept with me. Is it valid as an evidence in my case?

The orders may not have directed the ACB officials to produce the surveillance camera video recording footage.

Instead you can file a petition seeking the department incharge of your office to produce the same and depose evidence during defence evidence.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

You have good chance of acquittal as you have clear evidence. You can file quashing in HC and produce the said evidence.

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

When acb people kept silent for years together inspite of your petition in court then they are responsible for it. You ask petition from court that CV footage with you be produced before court.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Hi

1) The CCTV evidence is a valid evidence that can be produced in the court at the time of examination of accused.

2) So, get the CCTV footage authenticated by a forensic lab( truth labs or CFSL) and also get the same certified as valid secondary evidence and submit the CCTV footage along with Forensic lab certificate at the time of examination of accused stage (this is the first stage of commencement of trial)

3) The chances of your acquittal are very high given that

a) You have cleared the file two days prior to trap and

b) Money has been transferred through bank transfer at time of trap.

The question of trap for that particular transaction does not hold water as in your case, the complainant cannot claim that you took the bribe to clear his file whereas the file had already been cleared and money has been transferred to the bank account at the time of trap.

So no worries.

Rajgopalan Sripathi
Advocate, Hyderabad
2092 Answers
394 Consultations

5.0 on 5.0

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