MOHAMMED ASLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under section 482 of Cr.P.C. for quashing of FIR No. 36/2020/NIA/DLI/22-09-2020 registered at Police Station NIA, New Delhi under section 16 of Unlawful Activities (Prevention) Act, 1967 (Act of 1967) read with Section 120-B of IPC.

(2.) Heard learned counsel for the petitioner and Mr. R.D. Rastogi, learned Additional Solicitor General assisted by Mr. T.P. Sharma, Advocate for respondents and perused the material made available on record.

(3.) Learned counsel for the petitioner submits that the present petitioner and other nine persons are facing trial under Customs Act for smuggling of 18.569 kilograms of gold before the Court of Additional Chief Judicial Magistrate (Economic Offences), Jaipur Metropolitan-II, Jaipur, still the present FIR has been registered by the NIA and the same being the second FIR on similar allegations is not maintainable. He further submits that the customs authorities often launch criminal prosecution for smuggling of gold but no such criminal case has ever been registered by the NIA. Thus, the action of NIA is discriminatory to the present petitioner. The impugned FIR has been registered only on the basis of suspicion whereas such FIR can only be registered for prima facie involvement of any person in terrorist activities as defined under Section 15 of the Act of 1967. The petitioner is being implicated on the allegation that he has smuggled the gold with intent to threaten the economic security of India as per provisions of Section 15(I)(a)(iii a) but in this provision smuggling of gold is not covered in the term "any other material". Thus, the present FIR is a glaring example of abuse of process which deserves to be quashed. He has placed reliance on the following judgments:-