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Report No. 179

(B) Gathering information about corrupt public servant.- existing procedures:

Detection of corruption is obviously linked up with the evidence that can be gathered about the conduct of the person or body indulging in corrupt activities.

Existing procedures today include (a) direct evidence of corruption (b) laying traps, (c) search and seizure operations and (d) proving that assets are owned or possessed by the public servant disproportionate to his known sources of income.

If there is direct evidence of one's corruption, there is no difficulty in arriving at a finding of corruption. In other cases where a public servant has a reputation of dishonesty, the bribe giver informs the police in advance, currency notes which are chemically treated are handed over to the public 31 servant by the bribe giver and almost immediately the police land at the place and recover the currency notes from the public servant. This is the trap procedure.

One other method that is followed is to conduct a search and seizure operation after obtaining necessary orders from a Magistrate and seize the money, jewellery or documents showing acquisition of property illegally. There are provisions in the Income Tax Act, 1961 and other statutes for conducting such operations. Yet another method is by finding out whether the assets owned or in the possession of the public servant are grossly disproportionate to his known sources of income thereby raising a presumption that the assets must have been acquired out of corruption.

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