Supreme Court Upholds Constitutional Validity of Arrest Provisions Under Customs and GST Laws

New Delhi: The Supreme Court upheld the constitutional validity of the power of arrest under the amended laws of customs and the central goods and services tax (GST).

A bench consisting of Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi observed that in certain cases, pre-arrest bail applications could be granted, and it was not mandatory for such petitions to be filed only after an FIR, provided there were clear facts and a reasonable basis for fearing arrest.

Around 280 petitions, including one filed by lead petitioner Radhika Agarwal in 2018, challenged the provisions of the Customs Act and the GST Act, arguing that they were "incompatible" with the CrPC and the Constitution.

SC Upholds Power of Arrest of Customs, GST Authorities

In a 63-page judgement, the CJI Khanna held, "The challenge to the constitutional validity as well as the right of the authorised officers under the Customs Act and the GST Act to arrest are rejected and dismissed with elucidation and clarification on the pre-conditions and when and how the power of arrest is to be exercised." Justice Bela Trivedi concurred with the CJI and wrote a 13-page verdict.

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Regarding the authority to grant anticipatory bail, the CJI mentioned that it comes into question when there is a fear of arrest.

"This power, vested in the courts under the code, affirms the right to life and liberty under Article 21 of the Constitution to protect persons from being arrested. In appropriate cases, application for anticipatory bail can be allowed, which may also be conditional," the verdict said.

The bench cited several judgments and noted that while customs officers are not considered police officers, they possess the statutory authority to investigate and arrest offenders under the applicable laws.