New Delhi, Feb 27 – In a landmark judgment, the Supreme Court has ruled that individuals can seek anticipatory bail under the Goods and Services Tax (GST) and Customs laws, even in the absence of a First Information Report (FIR).
The verdict, delivered on Thursday by a bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi, clarifies that the provisions of the Code of Criminal Procedure (CrPC) and its updated counterpart, Bharatiya Nagarik Suraksha Sanhita (BNSS), extend to those facing potential arrest under these financial statutes.
The decision comes after the court reserved its judgment on May 16, 2023, while hearing a batch of petitions challenging the penal provisions of the GST and Customs Acts. Petitioners had argued that these provisions were incompatible with the CrPC and the Constitution.
With this ruling, individuals suspected of offenses under these laws now have legal recourse to seek pre-arrest bail, ensuring protection against arbitrary detention.
The detailed judgment is awaited. The lead petition in this matter was filed by Radhika Agarwal in 2018.
