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.