Supreme Court Upholds Customs and GST Arrest Powers

The Supreme Court has upheld the constitutional validity of arrest powers under amended customs and GST laws. Over 280 pleas challenging these provisions were dismissed. The court confirmed that anticipatory bail could be granted in appropriate cases and clarified safeguards against arbitrary arrests.

The Supreme Court, on Thursday, confirmed the constitutional validity of arrest powers under amended customs and GST laws. This decision came after hearings on numerous pleas, including one from lead petitioner Radhika Agarwal, challenging these laws as incompatible with the CrPC and the Constitution.

A bench led by Chief Justice Sanjiv Khanna, along with Justices M M Sundresh and Bela M Trivedi, stated that anticipatory bail could be granted in clear cases, even without an FIR, when facts warrant such an application. The court dismissed the challenge to Sections 69 and 70 of the GST Act and Section 104 of the Customs Act, affirming legislative competence to criminalize tax violations and allow arrests.

The ruling stressed that customs officers, though not police, have statutory authority to investigate and arrest. The court emphasized examining preconditions and safeguards to protect arrestees' rights. The decision affirmed legislative powers under Article 246A, allowing for the creation of arrest provisions related to GST legislation to curb tax evasion.