The Supreme Court has given a big relief to the traders on the arrests made under the GST Act. According to the court, all the protection available under the CrPC will be available in the arrests made under the Customs and GST Act. The court also made it clear that a Customs officer cannot be considered a police officer. The Supreme Court has given relief to all the traders on the arrests made under the GST Act. The arrests made under the GST Act and the Customs Act have been challenged in the court. 279 petitions were filed in the court on this issue. In these petitions, the issue of misuse of the provisions of arrest under the GST Act and the Customs Act was raised.
While hearing these petitions, a bench of 3 judges has said that the rights given to people in cases of arrest in CrPC and BNSS are also applicable in GST and Customs cases. The court said in its order that traders will get all the protection available under CrPC. Traders will be able to get anticipatory bail on arrests under the GST Act. Traders can file a petition in the court for relief. Let us tell you that the court had reserved the order last year
The Supreme Court has termed arrest without proper reason under the GST Act and Customs Act as wrong. In this important decision, the Supreme Court has said that these laws do not allow threatening citizens. The Supreme Court has also said that if anyone fears his arrest, he can file an anticipatory bail application. For this, it is not necessary to wait till the FIR is registered.
The court has also clarified that GST or Customs officers are not police officers. GST or Customs officers cannot use the same power as police officers. The Supreme Court has also said that during the process of search and seizure, GST or Customs officers cannot force anyone to give a statement against themselves. If anyone is subjected to such coercion, he can approach the court.
