The registration of a second FIR concerning the same incident is impermissible under the law unless distinct offenses are involved, reinforcing principles of double jeopardy and 'Test of Sameness'.

Gita Gopi, J.

JUDGMENT :

1. The present revision application is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), challenging the order dated 04.12.2023 in Special (NDPS) Case No.1 of 2023 by the learned Additional Sessions Judge, Ankleshwar of rejection, wherein the revisionist had prayed for discharge from the Special (NDPS) Case No.1 of 2023 by filing an application at Exh.14, which was in connection to FIR at Ankleshwar Police Station being II C. R. No.11199006220751 of 2022 for the offence punishable under Sections 8 (c), 22(c) and 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (in short ‘NDPS Act’) registered on 16.08.2022.

2. The facts urged leading to filing of the present revision application are as under;

2.1 Initially, the First Information Report was lodged in Anti Narcotic Cell Worli Unit, Mumbai Crime Branch for the offence punishable under Sections 8 (c), 22(c) and 29 of the NDPS Act recorded on 29.03.2022 as C.R. No.25 of 2022. FIR was registered against one person and during the investigation, large quantity of contraband goods was found and names of other accused came on record. In course of further investigation, it was revealed that one Ramendrakumar Giriraj Kishor Dixit who was arrested as accused No.7 was producing the goods in a firm called Infinity Research and Development. Such firm was owned by the petitioner situated at Plot No.2924, Phase 3, GIDC, Panoli, Taluka Ankleshwar. The Mumbai Crime Branch visited and searched the factory premises of the petitioner on 12.08.2019. The petitioner was interrogated extensively by the police officer of the Mumbai Crime Branch and after thorough investigation, police officers of the Mumbai Crime Branch come to the conclusion that accused No.7 Ramendrakumar Giriraj Kishor Dixit is solely responsible person for production of drugs in the factory premises of the petitioner. The challan has been filed under Section 173 of the Code in the Court of learned 44th Additional Sessions Judge, Mumbai recorded as Sessions Case No.1219/2022.

2.2 As per the impugned FIR of local Bharuch / Anleshwar police formed a search party and visited the factory premises on 16.08.2022. It is the case of the Investigating Officer that large quantity of contraband goods was seized from the premises of the petitioner and therefore, FIR has been lodged, wherein the present petitioner has been arraigned as accused No.2. After the investigation, charge-sheet has been filed in connection to the FIR with Ankleshwar Police Station.

2.3 It is the case of the petitioner that both the FIRs are arising out of the common case. As per the facts Mr.Premprakash Singh is the main accused, who got the contraband goods manufactured and produced in two factories – one at Thana, Mumbai and at Ankleshwar, the role of the present petitioner has been examined by the Mumbai Crime Branch. It is contended that for one transaction, two FIRs have been recorded and therefore challenging the second FIR contended that it is against law, and when petitioner has not been charge-sheeted in the proceedings for the FIR at Anti Narcotics Cell, Mumbai he is required to be discharged qua FIR at Ankleshwar Police Station.

2.4 While relying upon the seizure pan