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2022 (3) TMI 1537 - MADRAS HIGH COURTMoney Laundering - scheduled offences - Receiving huge amounts as bribe from various persons for appointing them as Conductors and Drivers in the Transport Corporations - HELD THAT:- The Enforcement Directorate should have first filed an application under Rule 237 of the CRP 2019 for inspection of the records in the Special Court and since they are officers of the Enforcement, they are entitled to inspect the records under Rule 237(1), ibid. Under Rule 238, ibid., they can take extracts which means, they can take notes of the contents of the documents which they require. The expression “take only written extracts” used in Rule 238, ibid., means the Enforcement Officer cannot capture those records in his mobile phone camera or any other electronic gadget, but is only entitled to take written notes for his use and thereafter, may make a third party copy application specifying the document which he needs and the purpose for which the same is required, as laid down in Rule 210, ibid. Those portions of the impugned orders which state “certified copies of unmarked documents cannot be granted and the said prayer is accordingly negatived” are set aside. It is open to the Enforcement Directorate to follow the procedure of conducting inspection under Rule 237, ibid., and thereafter, file a fresh third party copy application before the Special Court, if so advised. Petition disposed off.
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