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)