New Delhi, Feb 27: The Supreme Court delivered a pivotal ruling on Thursday, affirming that anticipatory bail provisions apply to the Goods and Services Tax (GST) and customs laws. Individuals can seek pre-arrest bail from courts even in the absence of a registered FIR (First Information Report).
A bench consisting of Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi had reserved judgment on May 16 of the previous year regarding a set of petitions that challenged certain penal provisions in the Customs Act and GST Act for being incompatible with the Criminal Procedure Code (CrPC) and the Constitution.
In announcing the decision, the Chief Justice stated that the provisions of the CrPC and the subsequent law, Bharatiya Nagarik Suraksha Sanhita (BNSS), concerning anticipatory bail, apply to individuals under the Customs and GST Acts.
Consequently, individuals at risk of arrest under these acts are entitled to seek anticipatory bail even before an FIR is filed.
A detailed judgment will follow.
The lead petition was submitted by Radhika Agarwal in 2018. (Agencies)
