Supreme Court upholds Arrest Powers under Customs and GST Acts with Robust Safeguards
Last updated: 10 March 2025
Court :
Supreme Court of India
Brief :
The Supreme Court addressed a batch of petitions (279) challenging the powers of arrest under the Customs Act, 1962 ("the Customs Act") and the Central Goods and Services Tax Act, 2017("the CGST Act"), alongside the constitutional validity of certain provisions, particularly Sections 69 and 70 of the CGST Act. The lead petitioner, Radhika Agarwal, and others sought judicial review of these powers, questioning their alignment with constitutional safeguards of personal liberty under Articles 21 and 22 of the Constitution of India. The judgment, authored by CJI Sanjiv Khanna, with a concurring opinion by Justice Bela M. Trivedi, clarified the legal framework governing arrests under these statutes, post-amendment changes following the 2011 Om Prakash decision, and the safeguards required to prevent misuse of arrest powers.
Citation :
2025 INSC 272 (as noted on Page1)
You have reached daily limit of 2 Free Judgements. To view this or other Judgements please subscribe to CCI PRO :
Stay updated! Stay ads free
Browse CAclubindia ads free.
Latest updates on WA.
Daily E-Newsletter and much more.
CCI PRO annual subscription :
Original Price : INR 2999/-
Offer Price : INR 1999/-
Duration : 1 year
(Prices Inclusive of GST)
Know More
Note: If you are a PRO member already, please click here to login (for ad free experience)
Bimal Jain
Published in GST
Views : 254
downloaded 304 times
Comments
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
