The Supreme Court of India, in a judgment delivered by Chief Justice Sanjiv Khanna and Justice Trivedi, addressed the powers of arrest under GST and Customs laws.
The court issued two concurring judgments, clarifying that officers under these laws are not considered police officers, rejecting arguments from the Om Prakash case. The ruling distinguished the Deepal Mahajan case and referenced the Arvind Kejriwal case, interpreting Sections 132 and 104 of the Customs Act.
It held that certain offenses, previously cognizable and bailable, should be treated as non-cognizable and non-bailable, allowing anticipatory bail applications without requiring an FIR.
The court dismissed claims based on legislative mandate but did not examine the aspect of culpable mental state. Justice Trivedi’s judgment also covered judicial review powers under Article 226.
Further proceedings are scheduled for March 17.
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