ORDER :

Satish Kumar Sharma, J.

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