Anticipatory bail is unavailable at the GST summons stage before arrest powers are invoked; writ relief remains the proper remedy.

A person summoned under Section 70 of the CGST Act, 2017, for evidence or document production cannot seek anticipatory bail under Section 438 CrPC unless the arrest power under Section 69 has been invoked. The court treated pre-arrest protection in such summons-stage proceedings as a matter for writ relief under Article 226 of the Constitution, not anticipatory bail. On that basis, the anticipatory bail request was not entertainable at the summons stage, and the petitioner was left free to approach the High Court in writ jurisdiction.

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Issues: Whether an application under Section 438 of the Code of Criminal Procedure, 1973 is maintainable at the stage when summons are issued under the Central Goods and Services Tax Act, 2017 and no action under Section 69 of that Act has been taken.

Analysis: The petitioner was only summoned for evidence and production of documents under Section 70 of the Central Goods and Services Tax Act, 2017. The legal position applied was that where a person is only summoned and the power of arrest under Section 69 of the Act has not been invoked, anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is not available. Protection against pre-trial arrest in such a situation lies in the writ jurisdiction of the High Court under Article 226 of the Constitution of India.

Conclusion: The petition for anticipatory bail was not entertainable at the summons stage and was disposed of, leaving the petitioner at liberty to approach the Court under Article 226 of the Constitution of India.

Final Conclusion: Anticipatory bail was held unavailable in proceedings arising merely from summons under the GST law, and the proper remedy was treated as recourse to writ jurisdiction.

Ratio Decidendi: A person summoned under Section 70 of the Central Goods and Services Tax Act, 2017, before invocation of arrest powers under Section 69, cannot seek anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

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