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of <h1>SC upholds constitutional validity of arrest provisions under Customs Act 1962 and GST Act 2017 with mandatory procedural safeguards</h1> <h3>RADHIKA AGARWAL Versus UNION OF INDIA AND OTHERS</h3> RADHIKA AGARWAL Versus UNION OF INDIA AND OTHERS - 2025 INSC 272 The judgment addresses several critical issues concerning the power of arrest under the Customs Act, 1962, and the Central Goods and Services Tax Act, 2017. The core issues revolve around the interpretation of these laws, the amendments made to them, and their implications on the rights of individuals, particularly concerning arrest and detention.Issues Presented and ConsideredThe primary legal questions considered include:1. The validity and implications of the amendments to the Customs Act and the GST Act concerning the power of arrest.2. The interpretation of the terms 'cognizable' and 'non-cognizable' offences under these Acts.3. The applicability of the Code of Criminal Procedure (CrPC) to the procedures under the Customs Act and GST Act.4. The role and limitations of customs officers and their powers compared to police officers.5. The safeguards and conditions required for lawful arrests under these Acts.6. The judicial review of arrest powers and the constitutional validity of Sections 69 and 70 of the GST Acts.Issue-wise Detailed Analysis1. Amendments to the Customs Act and GST ActThe Court examined the amendments to the Customs Act, which redefined certain offences as cognizable and non-bailable. The amendments were seen as a legislative response to the decision in Om Prakash, which had previously limited the power of arrest without a warrant for non-cognizable offences. The Court found that the amendments were substantive and aimed at addressing the limitations identified in Om Prakash.2. Interpretation of 'Cognizable' and 'Non-Cognizable' OffencesThe Court clarified that 'cognizable offences' allow arrests without a warrant, whereas 'non-cognizable offences' require a warrant. The amendments to the Customs Act categorized specific offences as cognizable, thereby empowering customs officers to arrest without a warrant under certain conditions.3. Applicability of the CrPCThe Court discussed the applicability of the CrPC to the Customs Act and GST Act, emphasizing that while these Acts provide special procedures, the CrPC applies unless expressly excluded. The Court highlighted that the procedural safeguards under the CrPC, such as maintaining arrest records and informing the arrestee of their rights, are applicable to arrests under these Acts.4. Role of Customs OfficersThe Court reaffirmed that customs officers are not police officers and do not possess all the powers of police officers. However, they are empowered to arrest under the Customs Act for specified offences. The Court emphasized that the power of arrest by customs officers must be exercised with caution and within the legal framework.5. Safeguards for Lawful ArrestsThe judgment stressed the importance of procedural safeguards to protect the rights of individuals. These include the requirement for customs officers to have 'reasons to believe' based on material evidence before making an arrest. The Court also highlighted the necessity of informing the arrestee of the grounds of arrest and maintaining proper records of the arrest process.6. Judicial Review and Constitutional ValidityThe Court upheld the constitutional validity of Sections 69 and 70 of the GST Acts, which confer powers of arrest and summons. It rejected the argument that these provisions exceeded legislative competence, affirming that they are ancillary to the effective implementation of GST laws. The Court also emphasized the role of judicial review in ensuring that the power of arrest is not exercised arbitrarily.Significant HoldingsThe Court established several core principles:- The amendments to the Customs Act and GST Act are valid and address the limitations identified in prior judgments.- The procedural safeguards under the CrPC apply to arrests under the Customs Act and GST Act, ensuring protection of individual rights.- Customs officers must exercise their arrest powers with caution, ensuring compliance with statutory and constitutional safeguards.- The power of arrest under these Acts is subject to judicial review to prevent arbitrary or unlawful arrests.- The constitutional validity of Sections 69 and 70 of the GST Acts is upheld, affirming the legislative competence to enact such provisions.In conclusion, the judgment clarifies the legal framework governing arrests under the Customs Act and GST Act, emphasizing the balance between effective law enforcement and the protection of individual rights. The Court's interpretation reinforces the procedural safeguards necessary to prevent misuse of arrest powers while upholding the legislative intent behind the amendments.
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