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Issues: (i) Whether the arrest was illegal for non-compliance with the mandatory requirements of furnishing the grounds of arrest in writing, serving them as an annexure to the arrest memo, and communicating them to the nominated relative with the prescribed identification details. (ii) Whether the remand order was vitiated for want of application of mind to the legality of the arrest and the statutory safeguards.
Issue (i): Whether the arrest was illegal for non-compliance with the mandatory requirements of furnishing the grounds of arrest in writing, serving them as an annexure to the arrest memo, and communicating them to the nominated relative with the prescribed identification details.
Analysis: The governing requirement is that, in arrests under the GST regime, the grounds of arrest must be furnished in writing, attached to the arrest memo, and duly acknowledged at the time of service. The communication requirement is not confined to the arrested person alone and must be made meaningful by informing the nominated relative or other disclosed person. The arrest memo in the present case did not show any annexure of the grounds of arrest, the grounds did not bear a DIN, and the contemporaneous acknowledgment of proper service was absent. The record also did not establish due furnishing of the grounds to the petitioner's wife at the time of arrest.
Conclusion: The arrest was held to be illegal for violation of the mandatory safeguards.
Issue (ii): Whether the remand order was vitiated for want of application of mind to the legality of the arrest and the statutory safeguards.
Analysis: A remand order must reflect conscious consideration of the legality of the arrest and compliance with the governing safeguards. The remand order in question was found to be mechanical and cursory, without examining whether the grounds of arrest had been properly served or whether the arrest had been effected in accordance with law. On that basis, the detention flowing from the remand order could not be sustained.
Conclusion: The remand order was held to be illegal and was quashed.
Final Conclusion: The habeas corpus petition succeeded, the petitioner's arrest and remand were invalidated, and release from custody was directed forthwith.
Ratio Decidendi: Where statutory and constitutional safeguards governing arrest are mandatory, non-furnishing of the written grounds of arrest in the prescribed manner and a remand order passed without meaningful judicial scrutiny render the arrest and consequent custody illegal.
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