TMI Blog2021 (2) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... er material, the present petitioner has been prima facie found to be smuggler of gold as well as the facilitator of the alleged smuggling. Therefore, it cannot be said that the present FIR has been registered without any basis or the contents of FIR prima facie do not constitute the impugned offences which may warrant quashing of the present FIR. Further, the NIA shall, after due investigation, present its report (Negative FR/Challan) before the Trial Court and in case of filing of Challan, the petitioner shall be at liberty to take legal recourse available to him as per law. It is true that every act of smuggling may not be covered under the definition of Terrorist act and only such smuggling of any material can be termed as Terrorist a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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)(iiia) but in this provision smuggling of gold is not covered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act of 1967. In view of his own statement recorded under Section 108 of Customs Act and other supporting material he has not been found only a smuggler but a facilitator also who has facilitated other persons in smuggling activities. Therefore, the impugned FIR has been registered against him. Under Section 15(I)(a)(iiia) of the Act of 1967, the smuggling of gold with intent to threaten or likely to threaten the economic security of the country is very much covered under the smuggling of any other material Thus, the contention of the petitioner in this regard is not tenable. The offence under the Customs Act for smuggling of gold and the offence under Section 16 of Act of 1967 are distinct offences, hence, separate prosecutions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Anil Sharma (1997) 7 SCC 187; 12. State Vs. Bimal Krishna Kandu (1997) 8 SCC 104; 13. Jayendra Saraswathi Swamigal Vs. State (2005) 2 SCC Above rival submissions have been considered and the judgments cited by both the sides have been perused. It is not desirable to meticulously examine the merits of the case at this stage. Therefore, without expressing any opinion on merits, suffice it to say that the NIA is empowered to register a case under Section 16 of Act of 1967 for the Terrorist act as defined under Section 15 of the Act of 1967 which is reproduced below:- 15. Terrorist act 1. Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, [economic security,] or sovereignty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er act in order to compel the Government of India, any State Government or the Government of a foreign country or [an international or inter-governmental organisation or any other person to do or abstain from doing any act; or], commits a terrorist act. [Explanation. - For the purpose of this sub-section,- (a) public functionary means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) high quality counterfeit Indian currency means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that, such currency imitates or compromises with the key security features as specified in the Third ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the alleged smuggling. Therefore, it cannot be said that the present FIR has been registered without any basis or the contents of FIR prima facie do not constitute the impugned offences which may warrant quashing of the present FIR. Further, the NIA shall, after due investigation, present its report (Negative FR/Challan) before the Trial Court and in case of filing of Challan, the petitioner shall be at liberty to take legal recourse available to him as per law. It is true that every act of smuggling may not be covered under the definition of Terrorist act and only such smuggling of any material can be termed as Terrorist act which is done with intent to threaten or likely to threaten the economic security and to cause damage to the mone ..... X X X X Extracts X X X X X X X X Extracts X X X X
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