New Delhi:
The Supreme Court has said that BNSS/CRPC provisions will also be applicable on those arrested under GST and Customs Act. On Thursday, the Supreme Court gave an important verdict on the powers of arrest under the GST and Customs Act. Provisions of Criminal Procedure Code (now Indian Civil Protection Code) on the rights of arrested persons apply equally to both Customs Act and GST Act.
The court has said that if there is a possibility of arrest, then the parties can knock the court without registering an FIR for relief. The Chief Justice of India, Khanna, while giving the verdict, said that any person is ready to pay, he can go to the writ court and get the order. The court also said that the circular issued by the GST department should be strictly followed in relation to the arrest.
The bench of the Supreme Court has given two consent decisions, one of which is written by CJI and the other is written by Justice Bella Trivedi. CJI said that he has referred to the Arvind Kejriwal case in this decision. The bench of India’s Chief Justice Sanjeev Khanna and Justice MM Sundresh, Bela M Trivedi has ruled in a group of 279 petitions challenging the CRPC, stating the punitive provisions in the Customs Act, GST Act etc.
The Supreme Court admitted that the security of the accused under CRPC, BNSS will also be given to those who have prosecuted prosecution under Customs. The Supreme Court admitted that the people facing prosecution under GST, customs can ask for anticipatory bail, even in cases where the FIR has not been registered. The Supreme Court was hearing 279 petitions challenging the arrest under the Customs Act, challenging other punitive powers.