Jahanvi Agarwal
The Bombay High Court recently underscored the seriousness of arrest, cautioning against its routine execution solely based on offense allegations. The case involved a petitioner summoned by the Central Goods and Services Tax (CGST) office regarding alleged violations under the CGST Act in 2021. The petitioner was detained overnight during questioning before being formally arrested the next day.
Justices Revati Mohite Dere and Manjusha Deshpande granted interim bail to the petitioner, criticizing the practice of overnight detentions under the pretext of recording statements. The Court emphasized that arrest is a grave matter and can significantly damage an individual’s reputation and self-esteem.
Senior Advocate Abad Ponda represented the Petitioner, while Additional Solicitor General Devang Vyas appeared for the Respondents. The petitioner’s counsel argued against the unjustified delay in presenting the petitioner before a Magistrate, citing delays in printing relevant GST returns.
The Court found the explanations provided by tax authorities inadequate, particularly regarding the overnight detention when they lacked the necessary documents for questioning. The Court expressed scepticism about the reasons cited for the delay in producing documents, suggesting it was an attempt to justify the overnight detention.
Consequently, the Court granted interim bail for six weeks upon payment of ₹25,000 and scheduled further proceedings for June 24, 2024.
Case Name: Mahesh Gala v. Union of India & Ors.
Dairy Number: 38/2024
Bench: Justice Revati Mohite Dere and Justice Manjusha Deshpande