Supreme Court: Can’t Arrest Someone under GST Act Based Only on Suspicion

The Supreme Court said to the central government on Thursday that they can’t just arrest someone under the Goods and Services Tax (GST) Act because they suspect something. They need to have strong evidence and follow the right step.

The Justices Sanjiv Khanna, M M Sundresh, and Bela M Trivedi mentioned that the evidence used for an arrest should be something that a magistrate can check and confirm.

The Supreme Court told the Additional Solicitor General (ASG) SV Raju, government’s lawyer that arrests under the Act can’t happen just because someone is suspected of something. They must follow the correct procedure and be based on strong evidence. This evidence should be something that a magistrate can check and confirm, and it should be certified by the commissioner.

The ASG replied, “Yes, any arrest made is based on proper evidence. We do not arrest anybody in the air.”

The court is hearing a batch of 281 petitions challenging laws like the Customs Act, GST Act, and Prevention of Money Laundering Act, due to concerns about misuse.

In dealing with the customs Act, SV Raju said right to arrest is not taken away from a customs official and special laws have more power than regular ones.

He mentioned that getting approval from the commissioner they can make investigations and arrests.

The Supreme Court bench said “it will decide on the legal rules handle each case individually.”