Supreme Court Enforces Safeguards on GST and Customs Act Arrests
The court strengthens procedural protections to prevent arbitrary detention and misuse of arrest powers under tax laws.
- The Supreme Court ruled that arrests under GST and Customs Acts must be based on substantial evidence and documented reasons to believe an offense has been committed.
- Individuals accused under these laws are entitled to legal protections similar to those under criminal law, including the right to pre-arrest bail even without an FIR.
- The court disapproved of coercive tactics by enforcement officers, directing that such misconduct should result in departmental action.
- Customs officers were explicitly clarified as not having policing powers, and their enforcement actions must align with procedural safeguards.
- The judgment aims to balance tax enforcement efforts with constitutional protections, mandating transparency and accountability in arrests.