Bribe Offer to Judge; Kerala HC Division Bench recuses from hearing COFEPOSA cases
8 years, 9 months ago

Bribe Offer to Judge; Kerala HC Division Bench recuses from hearing COFEPOSA cases

Live Law  

A Division Bench of Kerala High Court comprising of Justice K.T Sankaran and Justice A.Hariprasad has today recused itself forthwith, from hearing Habeas Corpus matters relating to COFEPOSA cases. The decision was taken after it was found that one of the relatives of an accused, had offered a huge sum as bribe, to one of the Judges, with an alleged attempt to elicit a favorable decision/to cause undue influence in one of the cases, posted before the division bench as per the rooster. Justice K.T.Sankaran,today while dealing with a case pertaining to Nedumbassery gold smuggling, revealed that he had received an offer of Rs 25 Lakhs as first instance, over telephone, by the relatives on behalf of one of the detenues,Mr Yasir, an accused, in the case. In the recusal order, he mentioned about circumstances, that had occurred beyond his control and hence ordered for posting of such cases before another appropriate division bench.

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History of this topic

Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary Of Health For Not Complying With Its Directive
Trending News
2 months, 3 weeks ago

Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary Of Health For Not Complying With Its Directive

Live Law  

The Kerala High Court on Wednesday issued bailable warrant against Dr. Rajan N. Khobragade IAS, Additional Chief Secretary in the State's Health and Family Welfare Department for non-compliance of its 2023 order and non-appearance despite the direction of the Court. After the contempt case was filed, the Court on 2nd February 2024 directed the Principal Secretary to the Health and …

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran
9 months, 3 weeks ago

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran

Live Law  

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 3 weeks ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court
10 months, 4 weeks ago

Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court

Live Law  

Hany Babu, a former Delhi University Professor, on Friday withdrew his petition in the Supreme Court seeking bail in the Bhima Koregaon case over alleged Maoist links. Accordingly, the Court had passed the following order: “The counsel for the petitioner states that there is a change in the circumstance and she would not like to press the present petition and …

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court
1 year ago

Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High Court

Live Law  

Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978, the Jammu and Kashmir and Ladakh High Court has ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach. Court's Observations: Clarifying the scope of judicial review …

Supreme Court Says Conduct Of 'V4 Kochi' President Nipun Cherian During Contempt Proceedings Before Kerala HC Was 'Reprehensible'
1 year, 5 months ago

Supreme Court Says Conduct Of 'V4 Kochi' President Nipun Cherian During Contempt Proceedings Before Kerala HC Was 'Reprehensible'

Live Law  

The Supreme Court on Monday while considering the plea of Nipun Cherian, the President of political party 'V4 Kochi', against the order of the division bench of the Kerala High Court that sentenced him to four months imprisonment in a suo motu contempt proceeding initiated by it, for his statements against a sitting judge of the High Court, sought the …

High Court judge recuses himself from hearing Senthilbalaji’s case for want of clarification regarding bail plea
1 year, 6 months ago

High Court judge recuses himself from hearing Senthilbalaji’s case for want of clarification regarding bail plea

The Hindu  

Justice R. Sakthivel of the Madras High Court on Friday recused himself from hearing a petition filed by Minister V. Senthilbalaji seeking a clarification whether his bail plea, in a money laundering case registered by the Enforcement Directorate, should be heard by the Principal Sessions Court or the special court for MP/MLA cases in Chennai. Second instance On June 14 …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 7 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 8 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

Judicial magistrate’s clerk among four held in bribery cases in Haryana
1 year, 11 months ago

Judicial magistrate’s clerk among four held in bribery cases in Haryana

Hindustan Times  

Acting on four separate complaints of graft, Haryana’s anti-corruption bureau has arrested an assistant lineman, a reader as well as ahalmad posted in the office of judicial magistrate, Faridabad, and a retired kanungo for allegedly accepting bribe. In the second case, the ACB arrested Sumit, a clerk posted as ahalmad in the court of judicial magistrate first class, Faridabad, while …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian
2 years, 1 month ago

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian

Live Law  

The Kerala High Court on Tuesday directed the issuance of a non-bailable warrant to the District Police Chief, Ernakulam, for the arrest and production of 'V4 Kochi' President Nipun Cherian, against whom a contempt case has been initiated by the court for his statements against a sitting judge of Kerala High Court. Their restraint stems from the nobility that they …

Kerala HC upholds detention of man in gold smuggling case
2 years, 2 months ago

Kerala HC upholds detention of man in gold smuggling case

India Today  

The Kerala High Court has upheld the detention of a man under the COFEPOSA Act in a gold smuggling case. Abdul Raoof, accused of smuggling gold worth over Rs 7 crore through the Cochin port by the Directorate of Revenue Intelligence in 2021, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. In such circumstances, …

Normal Rules Of Criminal Jurisprudence Not Applicable To COFEPOSA: Kerala HC Upholds Preventive Detention Of Accused In Gold Smuggling Case
3 years, 6 months ago

Normal Rules Of Criminal Jurisprudence Not Applicable To COFEPOSA: Kerala HC Upholds Preventive Detention Of Accused In Gold Smuggling Case

Live Law  

While directing continued preventive detention of two accused in the gold smuggling case, the Kerala High Court held that the normal rules of criminal jurisprudence or provisions of the Evidence Act will not be attracted while invoking provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.A Division Bench of Justice A.K Jayasankaran. While directing continued …

Calcutta HC Judge Recuses From Hearing Mamata’s Nandigram Recount Case, Slaps Rs 5 Lakh Fine
3 years, 8 months ago

Calcutta HC Judge Recuses From Hearing Mamata’s Nandigram Recount Case, Slaps Rs 5 Lakh Fine

News 18  

Justice Kaushik Chanda of Calcutta High Court on Wednesday recused from hearing West Bengal Chief Minister Mamata Banerjee’s case in which she challenged the result of Nandigram constituency during the recently help assembly elections. On June 24, the Trinamool Congress chief had filed a plea, seeking the recusal of Justice Kaushik Chanda “in order to avoid any prejudice during hearing …

Kerala HC stays Lakshadweep admin order to APP to complete legal work in govt depts
3 years, 10 months ago

Kerala HC stays Lakshadweep admin order to APP to complete legal work in govt depts

Deccan Chronicle  

Kochi: The Kerala High Court on Tuesday stayed an order of the Lakshadweep island administration, directing the Assistant Public Prosecutor to attend pending legal works of various government departments, instead of posting them in the courts there. The high court granted the stay on a PIL by Mohammed Saleem, challenging the directive of an Additional District Magistrate in Lakshadweep to …

'Once Chargesheet Is Filed, Court Has No Option But To Take Cognizance' : Karnataka HC Restores Corruption Case Against CM Yediyurappa
4 years ago

'Once Chargesheet Is Filed, Court Has No Option But To Take Cognizance' : Karnataka HC Restores Corruption Case Against CM Yediyurappa

Live Law  

The Karnataka High Court has set aside the order of a Special Court under the Prevention of Corruption Act which dismissed a complaint of corruption filed against Chief Minister B S Yeddiyurappa and former Minister of Large and Medium Scale Industries Katta Subramanyam.A single bench of Justice John Michael Cunha, while setting aside the order, directed the special court to …

Justice Yogesh Khanna Recuses Himself From Hearing Plea Seeking Criminal Prosecution Of DG BSF, Rakesh Asthana
4 years, 1 month ago

Justice Yogesh Khanna Recuses Himself From Hearing Plea Seeking Criminal Prosecution Of DG BSF, Rakesh Asthana

Live Law  

Delhi High Court Judge Justice Yogesh Khanna, today recused himself from hearing a plea by a dentist from Chandigarh, Mohit Dhawan, seeking directions for the criminal prosecution of the Director General of the Border Security Force, and former bureaucrat, Rakesh Asthana under Sections 7 and 7A of the Prevention of Corruption Act. Before approaching the High Court, Dhawan had approached …

Arrest of Kerala Journalist, 3 Others: Case Transferred to Additional District and Sessions Judge
4 years, 3 months ago

Arrest of Kerala Journalist, 3 Others: Case Transferred to Additional District and Sessions Judge

News 18  

The Additional District and Sessions Judge-I of Mathura will now hear the case involving Kerala journalist Siddique Kappan and three others, with a court here holding that the Chief Judicial Magistrate was not competent to hear the matter and order remand of the accused. to the court of the Additional District and Sessions Judge-I immediately,” according to an order passed …

Supreme Court Issues Notice On Centre's Challenge To Kerala HC Judgement Which Quashed Preventive Detention Under COFEPOSA Act
4 years, 4 months ago

Supreme Court Issues Notice On Centre's Challenge To Kerala HC Judgement Which Quashed Preventive Detention Under COFEPOSA Act

Live Law  

The Supreme Court on Thursday issued notice in a special leave petition filed by the Union of India challenging a Kerala High Court judgment which quashed the preventive detention orders passed against two person under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act was quashed. A Bench comprising of Justices DY Chandrachud and Indu Malhotra heard Additional-Solicitor General …

Kerala Journalist Siddique Kappan's Arrest Mentioned In Supreme Court During Arnab Goswami Case Hearing
4 years, 4 months ago

Kerala Journalist Siddique Kappan's Arrest Mentioned In Supreme Court During Arnab Goswami Case Hearing

Live Law  

The arrest and custody of Kerala journalist Siddiqque Kappan, who is under custody since October 5 since his arrest by the Uttar Pradesh police while he was on his way to report the Hathras rape case, was mentioned in the Supreme Court on Wednesday during the hearing of the Arnab Goswami's case.Senior Advocate Kapil Sibal, who was representing the State …

Still No Interim Relief for Arnab, HC to Hear Arrest Pleas on Sat
4 years, 4 months ago

Still No Interim Relief for Arnab, HC to Hear Arrest Pleas on Sat

The Quint  

Salve and Ponda began by taking the judge through the 4 November order of the Alibaug magistrate who had, while sending Goswami to judicial custody for 14 days, also noted that the arrest of the Republic supremo appeared to be “illegal”. The magistrate’s order from 4 November also mentioned that the police did not seem to have established a direct …

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]
4 years, 5 months ago

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]

Live Law  

The Kerala High Court on Tuesday refused to quash criminal proceedings against a retired worker of the Plantation Corporation of Kerala Ltd. who asserted that there is no menace related to the use of Endosulfan in Kasargode district. The writings on the Placard stated that:- Endosulfan issue, There are no such health issues in Kasargod district Stop the plundering of …

COFEPOSA: Detention Order Can Be Passed Even If A Person Is In Judicial Custody: SC [Read Judgment]
5 years, 4 months ago

COFEPOSA: Detention Order Can Be Passed Even If A Person Is In Judicial Custody: SC [Read Judgment]

Live Law  

The Supreme Court has observed that even if a person is in judicial custody, he can be detained Detention Laws like COFEPOSA.While setting aside the order of the Delhi High Court that had quashed detention of some persons under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the bench of Justice Uday Umesh Lalit, Justice. While setting …

COFEPOSA: Is The Recent Supreme Court Judgment In Dimple Happy Dhakad Against Settled Position In Law?
5 years, 5 months ago

COFEPOSA: Is The Recent Supreme Court Judgment In Dimple Happy Dhakad Against Settled Position In Law?

Live Law  

A two-judge bench of The Hon'ble Supreme Court of India, in a recent judgment in Union of India v. Dimple Happy Dhakad set aside a Bombay High Court judgment, which had quashed detention order passed against one Dimple Happy Dhakad, thereby restoring the detention order. The Conundrum created by Dimple Happy Dhakad: In Dimple Happy Dhakad, the Supreme Court set …

Supreme Court Monthly Digest- August 2019
5 years, 5 months ago

Supreme Court Monthly Digest- August 2019

Live Law  

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM …

Bhima Koregaon case: Justice S Ravindra Bhat becomes 5th judge to recuse himself from Gautam Navlakha's plea to quash FIR
5 years, 5 months ago

Bhima Koregaon case: Justice S Ravindra Bhat becomes 5th judge to recuse himself from Gautam Navlakha's plea to quash FIR

Firstpost  

Justice S Ravindra Bhat on Thursday became the fifth apex court judge to recuse himself from hearing a plea filed by civil rights activist Gautam Navlakha in the Koregaon Bhima violence case New Delhi: Justice S Ravindra Bhat on Thursday became the fifth apex court judge to recuse himself from hearing a plea filed by civil rights activist Gautam Navlakha, …

COFEPOSA: Liberty Of An Individual Has To Be Subordinated Within Reasonable Bounds To The Good Of The People: SC[Read Judgment]
5 years, 8 months ago

COFEPOSA: Liberty Of An Individual Has To Be Subordinated Within Reasonable Bounds To The Good Of The People: SC[Read Judgment]

Live Law  

While upholding a detention of alleged gold smugglers under COFEPOSA, the Supreme Court observed that when the preventive detention is aimed to protect the safety and security of the nation, balance has to be struck between liberty of an individual and the needs of the society. The bench comprising Justice R. Banumathi and Justice AS Bopanna in Union of India …

Maharashtra refutes Navlakha allegations
6 years, 3 months ago

Maharashtra refutes Navlakha allegations

The Hindu  

“It has become a fashion of the day to make a hue and cry about personal liberty,” the Maharashtra government said, in response to activist Gautam Navlakha’s plea that his arrest by the State police in the Bhima Koregaon case was without sufficient evidence. In a rejoinder affidavit filed before a Bench led by Chief Justice of India Ranjan Gogoi, …

Maharashtra Govt Moves SC Against HC Order Quashing Navlakha's Remand [Read Petition]
6 years, 5 months ago

Maharashtra Govt Moves SC Against HC Order Quashing Navlakha's Remand [Read Petition]

Live Law  

It is contended that as per Section 167 of CrPC, case diary need be produced only if the accused is produced before the jurisdictional Magistrate. The Maharashtra government on Wednesday moved the Supreme Court against the Delhi High Court order allowing Gautam Navlakha, one of the five activists arrested in connection with the Koregaon-Bhima case, to be freed from house …

Bribe For Bail: Madras HC Upholds Dismissal Of Principal District Judge [Read Order]
6 years, 8 months ago

Bribe For Bail: Madras HC Upholds Dismissal Of Principal District Judge [Read Order]

Live Law  

‘The sterling qualities of a Presiding Deity of a Court of Law i.e., the Judicial Officer/Judge are: Absolute Integrity; Rectitude/Honesty; Hard Work; Humility; Sincerity; Fidelity; Rumination of issues in a dispassionate manner and that too with a balanced mind; Free from corrupt influence or motive; and A character of unadulterated virtue.’The Madras. ‘The sterling qualities of a Presiding Deity of …

Kerala HC Denies Anticipatory Bail To Criminal Lawyer Adv. CP Udayabhanu In Rajeev Murder Case [Read Order]
7 years, 5 months ago

Kerala HC Denies Anticipatory Bail To Criminal Lawyer Adv. CP Udayabhanu In Rajeev Murder Case [Read Order]

Live Law  

The High Court of Kerala dismissed the application seeking pre-arrest bail filed by Advocate C.P Udayabhanu, who stands accused of hatching the conspiracy to murder a real estate broker Rajeev. The order was pronounced today by Justice Hariprasad, after Justice P.Ubaid recused from hearing the bail plea.Adv.Udayabhanu was appointed as special public prosecutor in the sensational. He had also appeared …

Kerala HC Denies Anticipatory Bail To Criminal Lawyer Adv. CP Udayabhanu In Rajeev Murder Case [Read Order]
7 years, 5 months ago

Kerala HC Denies Anticipatory Bail To Criminal Lawyer Adv. CP Udayabhanu In Rajeev Murder Case [Read Order]

Live Law  

The High Court of Kerala dismissed the application seeking pre-arrest bail filed by Advocate C.P Udayabhanu, who stands accused of hatching the conspiracy to murder a real estate broker Rajeev. The order was pronounced today by Justice Hariprasad, after Justice P.Ubaid recused from hearing the bail plea.Adv.Udayabhanu was appointed as special public prosecutor in the sensational. He had also appeared …

COFEPOSA: Detention Ordered On Multiple Grounds Will Survive Even If One Ground Is Legally Unsustainable: SC [Read Judgment]
8 years, 2 months ago

COFEPOSA: Detention Ordered On Multiple Grounds Will Survive Even If One Ground Is Legally Unsustainable: SC [Read Judgment]

Live Law  

“Once it is found that the detention order contains many grounds, even if one of them is to be rejected, principle of segregation contained in Section 5A gets attracted.”, the Bench said.The Supreme Court, in Gautam Jain vs. Union of India, has reiterated that if detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, …

Bribe Offer to Kerala HC Judge; Lawyers Forum moves AG seeking Contempt action
8 years, 9 months ago

Bribe Offer to Kerala HC Judge; Lawyers Forum moves AG seeking Contempt action

Live Law  

A petition has been filed by Indian Association of Lawyers, before the Advocate General seeking sanction to initiate contempt of court proceedings against those who have offered bribe to a Kerala High Court Judge Justice K.T. As per the petition, it is stated that the attempt to bribe the judge resulted in interference with administration of Justice amounting to contempt …

Bribe Offer to Kerala HC Judge; Lawyers Forum moves AG seeking Contempt action
8 years, 9 months ago

Bribe Offer to Kerala HC Judge; Lawyers Forum moves AG seeking Contempt action

Live Law  

A petition has been filed by Indian Association of Lawyers, before the Advocate General seeking sanction to initiate contempt of court proceedings against those who have offered bribe to a Kerala High Court Judge Justice K.T. As per the petition, it is stated that the attempt to bribe the judge resulted in interference with administration of Justice amounting to contempt …

Kerala HC judge offered Rs 25 lakh as bribe to save an accused
8 years, 9 months ago

Kerala HC judge offered Rs 25 lakh as bribe to save an accused

Deccan Chronicle  

Kochi: In a stunning revelation, a sitting judge of Kerala High Court on Monday said that smugglers had offered him Rs 25 lakh to save an accused detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. Sankaran made the oral observation and pursuant to this, VACB special cell SP Sasidharan met the judge later in the …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

Competent Authority under COFEPOSA Act is not required to pass an adjudicatory order while rejecting representation of detenu: SC [Read Judgment]
9 years, 2 months ago

Competent Authority under COFEPOSA Act is not required to pass an adjudicatory order while rejecting representation of detenu: SC [Read Judgment]

Live Law  

The competent authority while considering the representation is not required to pass a speaking order but it must reflect that there has been real and proper consideration of the representation, the Bench said.The Supreme Court on Friday, in Union of India vs. Saleena, has set aside a Kerala High Court order which had granted the writ of habeas corpus directing …

Reallocation shifts solar cases to new judges
11 years, 6 months ago

Reallocation shifts solar cases to new judges

The Hindu  

The Kerala High Court has gone in for a reallocation of subjects being handled by some of its judges, triggering a furious debate outside on account of the reported transfer of solar scam cases to new judges. The debate arose over the reassignment of the solar scam cases, including a petition relating to an allegation against Salim Raj, former gunman …

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