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Supreme Court Strengthens Safeguards for GST and Customs Arrests

New ruling mandates substantial evidence and adherence to procedural safeguards to prevent arbitrary detentions under tax laws.

  • The Supreme Court ruled that arrests under GST and Customs laws require substantial evidence, not mere suspicion, ensuring compliance with constitutional protections.
  • Authorities must document 'reasons to believe' and provide clear evidence of tax evasion or fraud exceeding ₹500 lakh before initiating arrests.
  • Key safeguards include the right to pre-arrest bail, written grounds for arrest, and adherence to criminal law protections under the Bharatiya Nyaya Suraksha Sanhita.
  • The court emphasized that coercion or threats during enforcement actions are impermissible, calling for departmental action against officers who engage in such practices.
  • This decision reinforces judicial oversight and aims to balance enforcement against tax evasion with the protection of individual rights and due process.
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