TMI Blog2025 (2) TMI 748X X X X Extracts X X X X X X X X Extracts X X X X ..... case under the PML Act, 2002 was initiated against the petitioner on the basis of FIR registered by the CBI, ACB, Dhanbad being RC1(A)/2020-D dated 10.02.2020. 3. It is alleged in the aforesaid FIR, which was registered on the basis of complaint made by one Amit Sarawgi, Director of M/s Adi Ispat (P) Limited, that the petitioner had demanded a bribe of Rs. 2,00,000/- per month for showing leniency in the insolvency resolution process for extending CIR process from 09 months to 02 years and also demanded Rs. 20,00,000/- for obtaining favourable forensic audit/valuation report from his chosen Forensic Auditor/Valuer and for helping in re-possession of plant/company. The petitioner had offered him that SME, the complainant was entitled to participate in the auction proceeding of the Bank and if he met the demands, he would prepare his report leniently enabling him re-possess his plant/company. The complaint was discreetly verified. Trap team was constituted and raid was conducted at Giridih at the Company office, where the petitioner was caught read handed on 11.2.2020 in the presence of independent witnesses accepting the illegal gratification from the complainant. 4. The CBI, ACB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was held on 21.12.2019 in accordance with Code and Regulations made thereunder and it was decided that petitioner was to be appointed as Resolution Professional [RP] entrusted with the functioning of the company in question. As such, in terms of Section 16(5) of the Code, with the appointment of petitioner as RP, the terms of the petitioner as Interim Resolution Professional [IRP] came to an end w.e.f. 21.12.2019. 11. It has been submitted that soon after commencement of CIRP, Amit Sarawgi, who was the director of M/s Adi Ispat Pvt. Ltd. and M/s Sri Bir Ispat Pvt. Ltd., illegally and unlawfully operated the bank account of Corporate Debtor, namely, M/s Adi Ispat Pvt. Ltd with Andhra Bnak, Giridih Branchi on 24.12.2019 and withdrew Rs. 10.00 lacs in cash. It has been stated that the said Amit Sarawgi, deliberately and intentionally neither disclosed about the bank account of Corporate Debtor to the petitioner nor handed over the cheque book and bank statement to the petitioner. Thus, the petitioner was never made aware of the existence of the Bank Account by Amit Sarawgi till he came to know of the same through his sources on 9th January, 2020. 12. On being questioned by the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code, which specifically show that Resolution Professional acts only as a 'facilitator, and does not have adjudicating power and is not paid any remuneration/fee by the Government unlike the liquidator, receiver or commissioner. 19. Herein, the appointment of the petitioner by the CoC cannot be termed to be an authorization by a court of justice to perform any duty, in connection with the administration of justice. It is further submitted that petitioner is neither an employee nor an officer nor authorized representative of the IBBI/NCLT rather he is a Chartered Accountant and a private practitioner and also registered as an independent Insolvency Professional with IBBI. The continuity of his registration as Insolvency Professional is subject to compliance of the Insolvency Professional Regulations. The petitioner has absolute discretion either to give his consent or reject any assignment offered to him by the Financial Creditor of the Company/Corporate Debtor. 20. It has further been submitted that in the present case the petitioner ceased to be an IRP with effect from 21.12.2019 and the petitioner appointed as a Resolution Professional by the CoC, comprised of the sole f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s vitiated. 27. Learned counsel for the petitioner based upon the aforesaid ground has submitted the learned trial court has failed to appreciate these facts into consideration and as such the impugned order dated 08.06.2023 is liable to be quashed and set aside. Argument on behalf of the learned counsel for the opposite party-Enforcement Directorate: 28. While on the other hand, Mr. Amit Kumar Das, learned counsel for the opposite party - Enforcement Directorate has seriously opposed the said submissions/grounds, on facts and on law as referred hereinabove, on the strength of counter affidavit filed on behalf of respondent-ED. 29. It has been submitted that sufficient material has been collected to come to the conclusion that all the conditions as stipulated under Section 3 of the PML Act, 2002 read with Section 2 (1) (u) of the PML Act, 2002 are satisfied. 30. It has been submitted that during investigation it has come that the petitioner-Sanjay Kumar Agarwal demanded a bribe of Rs. 2 lacs per month from Amit Sarawgi for showing leniency in the insolvency resolution process and also demanded one time bribe of Rs. 20 lacs from him for obtaining favourable forensic audit/valua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PC Act is not sustainable in the eyes of law. 36. Further submission has been made that the investigating officer has found sufficient material against the petitioner and accordingly, submitted charge sheet for commission of offence defined under Section 3 of PMLA, 2002 and punishable under Section 4 of PMLA against him. Further, paragraph 6.5, 6.6, 6.8, 6.9, and 7 etc. of the prosecution complaint clearly depicts that the ill-gotten money i.e. proceeds of crime was found in the possession of the petitioner. 37. Submission has been made that the learned trial court considering the aforesaid fact into consideration has found that there are sufficient materials against the petitioner for framing charge for the offence u/s 4 of P.M.L. Act in the instant case. Hence, the petition for discharge filed on behalf of the petitioner was rejected, which requires no interference by this Court. Analysis 38. Heard the learned counsel for the parties, gone across the pleading available on record as also the finding recorded by learned court. 39. This Court, before appreciating the argument advanced on behalf of the parties, deems it fit and proper to discuss herein some of the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, to which India is a party, calls for prevention of laundering of proceeds of drug crimes and other connected activities and confiscation of proceeds derived from such offence. (b) the Basle Statement of Principles, enunciated in 1989, outlined basic policies and procedures that banks should follow in order to assist the law enforcement agencies in tackling the problem of money-laundering. (c) the Financial Action Task Force established at the summit of seven major industrial nations, held in Paris from 14th to 16th July, 1989, to examine the problem of money-laundering has made forty recommendations, which provide the foundation material for comprehensive legislation to combat the problem of money-laundering. The recommendations were classified under various heads. Some of the important heads are- (i) declaration of laundering of monies carried through serious crimes a criminal offence; (ii) to work out modalities of disclosure by financial institutions regarding reportable transactions; (iii) confiscation of the proceeds of crime; (iv) declaring money-laundering to be an extraditable offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e" include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. The aforesaid explanation has been inserted in the statute book by way of Act 23 of 2019. 46. It is, thus, evident that the reason for giving explanation under Section 2 (1) (u) is by way of clarification to the effect that whether as per the substantive provision of Section 2 (1) (u), the property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country but by way of explanation the proceeds of crime has been given broader implication by including property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. 47. The "property" has been defined under Section 2 (1) (v) which means any property or assets of every description, whether corporeal or inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the aforesaid provision that "offence of money-laundering" means whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering. 52. It is further evident that the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever. 53. The punishment for money laundering has been provided under Section 4 of the Act, 2002. 54. The various provisions of the Act, 2002 alongwith interpretation of the definition of "proceeds of crime" has been dealt with by the Hon'ble Apex Court in the case of Vijay Madanlal Choudhary and Ors. Vs. Union of India and Ors., (2022) SCC OnLine SC 929 wherein the Bench comprising of three Hon'ble Judges of the Hon'bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for Civil Liberties, and National Legal Services Authority v. Union of India." 56. It is evident from the observation so made as above that the purposes and objects of the 2002 Act for which it has been enacted, is not limited to punishment for offence of money-laundering, but also to provide measures for prevention of money-laundering. It is also to provide for attachment of proceeds of crime, which are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to confiscation of such proceeds under the 2002 Act. This Act is also to compel the banking companies, financial institutions and intermediaries to maintain records of the transactions, to furnish information of such transactions within the prescribed time in terms of Chapter IV of the 2002 Act. 57. The predicate offence has been considered in the aforesaid judgment wherein by taking into consideration the explanation as inserted by way of Act 23 of 2019 under the definition of the "proceeds of crime" as contained under Section 2 (1) (u), whereby and whereunder, it has been clarified for the purpose of removal of doubts that, the "proceeds of crime" include pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on submitted by the prosecuting agency. The probative value of the defence is to be tested at the stage of trial and not at the stage of framing of charge and at the stage of framing of charge minute scrutiny of the evidence is not to be made and even on a very strong suspicion charges can be framed. 62. Further it is settled position of law that at the stage of framing the charge, the trial Court is not required to meticulously examine and marshal the material available on record as to whether there is sufficient material against the accused which would ultimately result in conviction. The Court is prima facie required to consider whether there is sufficient material against the accused to presume the commission of the offence. Even strong suspicion about commission of offence is sufficient for framing the charge, the guilt or innocence of the accused has to be determined at the time of conclusion of the trial after evidence is adduced and not at the stage of framing the charge and, therefore, at the stage of framing the charge, the Court is not required to undertake an elaborate inquiry for the purpose of sifting and weighing the material. 63. The issue of discharge was the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Further, defect in investigation itself cannot be a ground for discharge. In our opinion, the order impugned [N. Suresh Rajan v. Inspector of Police, Criminal Revision Case (MD) No. 528 of 2009, order dated 10-12-2010 (Mad)] suffers from grave error and calls for rectification. 33. Any observation made by us in this judgment is for the purpose of disposal of these appeals and shall have no bearing on the trial. The surviving respondents are directed to appear before the respective courts on 3-2-2014. The Court shall proceed with the trial from the stage of charge in accordance with law and make endeavour to dispose of the same expeditiously. 34. In the result, we allow these appeals and set aside the order of discharge with the aforesaid observations." 64. It has been further held in the case of Asim Shariff v. National Investigation Agency, (2019) 7 SCC 148, that mini trial is not expected by the trial court for the purpose of marshalling the evidence on record at the time of framing of charge. It has been held at paragraph no.18 of the said judgment as under:- "18. Taking note of the exposition of law on the subject laid down by this Court, it is settled that the Judge wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 SCC (Cri) 1488] , this Court had an occasion to consider Section 227 CrPC What is required to be considered at the time of framing of the charge and/or considering the discharge application has been considered elaborately in the said decision. It is observed and held that at the stage of Section 227, the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused. It is observed that in other words, the sufficiency of grounds would take within its fold the nature of the evidence recorded by the police or the documents produced before the court which ex facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him. It is further observed that if the Judge comes to a conclusion that there is sufficient ground to proceed, he will frame a charge under Section 228 CrPC, if not, he will discharge the accused. It is further observed that while exercising its judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution, it is not necessary for the court to enter into the pros and cons of the matter or i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. Having considered the reasoning given by the High Court and the grounds which are weighed with the High Court while discharging the accused, we are of the opinion that the High Court has exceeded in its jurisdiction in exercise of the revisional jurisdiction and has acted beyond the scope of Section 227/239 CrPC. While discharging the accused, the High Court has gone into the merits of the case and has considered whether on the basis of the material on record, the accused is likely to be convicted or not. For the aforesaid, the High Court has considered in detail the transcript of the conversation between the complainant and the accused which exercise at this stage to consider the discharge application and/or framing of the charge is not permissible at all. 14. As rightly observed and held by the learned Special Judge at the stage of framing of the charge, it has to be seen whether or not a prima facie case is made out and the defence of the accused is not to be considered. After considering the material on record including the transcript of the conversation between the complainant and the accused, the learned Special Judge having found that there is a prima facie case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence. 12. In State of Karnataka v. L.Muniswamy [(1977) 2 SCC 699 : 1977 SCC (Cri) 404], a three-Judge Bench of this Court had observed that at the stage of framing the charge, the Court has to apply its mind to the question whether or not there is any ground for presuming the commission of the offence by the accused. As framing of charge affects a person's liberty substantially, need for proper consideration of material warranting such order was emphasised. 14. In a later decision in State of M.P. v. Mohanlal Soni [(2000) 6 SCC 338 : 2000 SCC (Cri) 1110] this Court, referring to several previous decisions held that: (SCC p. 342, para 7) " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of investigation by the investigating agency as has been recorded in the charge-sheet which is appended to the instant petitions. 71. It is evident from the factual aspects that the NCLT vide its order dated 22.11.2019 and 06.01.2020 appointed the petitioner, as interim Resolution Professional (IRP) for Corporate Debtors, M/s Adi Ispat Private limited and M/s Bir Ispat Pvt. Ltd., Giridih in terms of Section 7(3)(b) r/w Section 16 of IBC, 2016 and later his appointment was confirmed by the committee of creditors under Section 22. 72. The complainant is Amit Sarawgi, Director of M/s Adi Ispat (P) Limited and it is alleged that Resolution Professional/Petitioner had demanded a bribe of Rs. 2,00,000/- per month for showing leniency in the insolvency resolution process for extending CIRP process from 09 months to 02 years and also demanded Rs. 20,00,000/- for obtaining favourable forensic audit/valuation report from his chosen Forensic Auditor/Valuer and for helping in repossession of plant/company. 73. The Resolution Professional/Petitioner had offered him that SME, the complainant was entitled to participate in the auction proceeding of the Bank and if he met the demands, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oresaid Judgment is being quoted as under: "18. This court is of the view that resolution professional will come within the meaning of a public servant under Section 2(c) the PC Act for the reason that definition of public servant as given under the PC Act is very wide and expansive. It is not limited to those serving under the Government or its instrumentalities and drawing salary from the public exchequer. Apart from the list of the functionaries given in Section 2 (c), the definition also lays down the functional criteria to include within its fold those discharging public duty or any duty authorized by a court of justice, in connection with administration of justice. In State v. C.N. Manjunath, (2017) 11 SCC 361 the question involved was whether the licensed surveyors in Taluks came within the meaning of „public servant' under the PC Act. It was held : 8. Once the nature of performance of duties gets crystallised, no doubt remains that these licensed surveyors would come within the ambit of Section 2(c) of the Prevention of Corruption Act and particularly clauses (i) and (viii) thereof, which defines "public servant" to mean: "2. (c)(i) any person in the service or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resolution process and to protect the assets of the corporate debtors. From his nature of assignment and duty to be performed his office entails performance of functions which are in the nature of public duty and therefore will come within the meaning of public servant both under sections 2 (c) (v) & (viii) of the PC Act." 78. Thus, from the aforesaid order it is evident that the learned Single Judge of this Court has categorically held that Resolution Professional is made during the resolution process before the Company Law Tribunal with its approval, he will be a public servant under Section 2(c)(v) of the P.C. Act. 79. Further, it needs to refer herein that this Court is bound with the aforesaid view of the learned Single Judge in the light of judicial discipline and theory of judicial precedence; so long it is not being reversed by the Higher Forum. 80. However, the learned counsel for the appellant has put his reliance upon the judgment rendered by the Delhi High Court in the case of W.P (Crl.) No. 544 of 2020 [Dr. Arun Mohan Vs. CBI]. 81. The learned single Judge of Delhi High Court in the case of Dr. Arun Mohan Vs. CBI (supra) while taking into consideration of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealt by RP. This makes him accountable for his actions towards public. 86. This Court is of the view that since the duties performed by RP are public in nature, they are public servants and Sec 2(c) of Prevention of Corruption Act is pretty clear that an individual who performs public duties are public servants for the purpose of the Act and hence, the legislature would have felt that there are no explicit provisions are required. Although the RP might not possess adjudicatory powers but he undeniably possesses administrative powers, therefore, RP will come under the ambit of Public Servant to the extent of his powers as an administrator or the Corporate Insolvency Resolution Process. The learned Single Judge of this Court had made it clear that the meaning of 'public servant' under Section 2(c) of the PC Act is not limited to those serving under the Government or its instrumentalities and drawing salary from the public exchequer. He emphasised that the nature of assignment and duty to be performed would determine if one is to be considered as a 'public servant' or not. In case of Resolution Professional, the Single Judge opined that, they perform functions akin to 'public duty'. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent petitioner had filed an application for discharge before special Judge vide M.C.A. No. 2275/2022 which was premature, hence the same was withdrawn vide order dated 04.02.2023 with a cost of Rs. 1,000/- 95. From the factual aspect it is evident that the CBI, ACB, Dhanbad investigated the matter and filed the charge-sheet u/s 7 of PC Act (Amended in 2018) which revealed that the said Amit Sarawgi availed credit facilities to the tune of Rs. 74 Crores and Rs. 3.6 Crores in the names of his companies namely M/s Adi Ispat Pvt. Ltd. and M/s Sri Bir Ispat Pvt. Ltd. respectively from State Bank of India, SME branch, Giridih. The complainant could not pay the outstanding loan amounts and both the loan accounts were declared Non-Performing Assets (NPA). It has also revealed that State Bank of India filed applications before the NCLT, Kolkata Bench for initiation of Corporate Insolvency Resolution Process under section 7 of the Insolvency and Bankruptcy Code, 2016 in the matter of M/s Adi Ispat Pvt. Ltd. and M/s Sri Bir Ispat Pvt. Ltd. 96. The NCLT, Kolkata Bench passed orders dated 22-11-2019 and 06-01-2020 with respect to M/S Adi Ispat Pvt. Ltd, Giridih and M/S Sri Bir Ispat Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ult of criminal activity relating to a scheduled offence. The explanation clarifies that the proceeds of crime include property, not only derived or obtained from scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence. Clause (u) also clarifies that even the value of any such property will also be the proceeds of crime. 102. Carving out a line between the material evidences available in the complaint and the grounds taken by the accused persons, seeking discharge, are to be considered with reference to the objectives of the PMLA. 103. Section 3 of PMLA unambiguously stipulates that whosoever indirectly attempts to indulge or knowingly assist or knowingly is a party, are also guilty of offence of money laundering. 104. Mere concealment or possession or use, would be sufficient to prosecute a person under Section 3 of PMLA. The connecting material evidences would be sufficient for the purpose of allowing the trial to go on. It is not necessary that there must be a direct link between the accused and the offence of money laundering. Indirect involvement and the connectin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the mere generation of proceeds of crime is not sufficient to constitute the offence of money-laundering, is actually preposterous. As we could see from Section 3, there are six processes or activities identified therein. They are, (i) concealment; (ii) possession; (iii) acquisition; (iv) use; (v) projecting as untainted property; and (vi) claiming as untainted property. If a person takes a bribe, he acquires proceeds of crime. So, the activity of "acquisition" takes place. Even if he does not retain it but "uses" it, he will be guilty of the offence of money-laundering, since "use" is one of the six activities mentioned in Section 3". 108. Further, it needs to refer herein the statutory provisions regarding discharge of an accused person and framing charges against him, are contained in Sections 227 and 228 of the Criminal Procedure Code. 109. The difference between the approach with which the Court should examine the matter in the aforesaid Sections has been explained by the Hon'ble Supreme Court in Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460, in the following words:- "17. Framing of a charge is an exercise of jurisdiction by the trial cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of such steps that the trial concludes with the court forming its final opinion and delivering its judgment. Merely because there was a civil transaction between the parties would not by itself alter the status of the allegations constituting the criminal offence. 110. Thus, it is evident that the law regarding the approach to be adopted by the court while considering an application for discharge of the accused persons under Section 227 and approach while framing charges under Section 228 of the Code, is that while considering an application for discharge of the accused under Section 227 of the Code, the Court has to form a definite opinion, upon consideration of the record of the case and the documents submitted therewith, that there is not sufficient ground for proceeding against the accused. However, while framing charges, the Court is not required to form a definite opinion that the accused is guilty of committing an offence. The truth of the matter will come out when evidence is led during the trial. Once the facts and ingredients of the Section exist, the court would presume that there is ground to proceed against the accused and frame the charge accordingly and the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hence, the petitioner was never put in possession of the alleged cash, which is said to have been recovered from the possession of the petitioner, therefore alleged offence is not made out herein, this Court is going to revisit the factual aspects of the instant case. 115. It has come in the investigation that during the trap laid by the CBI, Shree Amit Sarwagi gave bribe of Rs. 5 Lakh to Shri Sanjay kumar Agarwal (petitioner) on 11.02.2020 out of which Rs. 3 Lakh was accepted by him and for remaining Rs. 2 Lakhs, he directed Shri Amit Sarawgi to deliver in Patna. Immediately after the incident, CBI officials caught Shri Sanjay Kumar Agarwal red handed. Shri Sanjay Kumar Agarwal stated under section 50 of PMLA that Shri Amit Sarawgi withdrew cash of Rs. 10 lakhs from the current Account of Adi lspat Pvt. Ltd. of Andhra Bank Giridih and when Shri Sanjay Kumar Agarwal came to know, he objected and desired to hand over the cash to Sanjay Kumar Agarwal so that he could carry it all the way from Giridih to Kolkata and deposit in ICICI Bank account of Adi Isapat Pvt. Ltd, which he opened after the process of resolution started. 116. Thus, from the aforesaid fact, prima facie it appears ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er was never put in possession of the alleged cash, which is said to have been recovered from the possession of the petitioner, therefore alleged offence is not made out, cannot be adjudicated herein in the light of aforesaid discussion and settled position of law as mentioned in the preceding paragraph. 121. This Court on the basis of aforesaid discussion factual aspect as also the legal position is of the view that there is no reason to believe by this Court that the petitioner is not involved in the alleged offence. 122. Further, the Hon'ble Apex Court in the case of Central Bureau of Investigation Vs Santosh Krnani and Another, 2023 SCC OnLine SC 427 has observed that corruption poses a serious threat to our society and must be dealt with iron hands. The relevant paragraph of the aforesaid judgment is being referred as under:- "31. The nature and gravity of the alleged offence should have been kept in mind by the High Court. Corruption poses a serious threat to our society and must be dealt with iron hands. It not only leads to abysmal loss to the public exchequer but also tramples good governance. The common man stands deprived of the benefits percolating under social welf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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