The Supreme Court of India heard arguments on May 9th, 2024, regarding the legality of arrest powers given to officers under the Customs Act and GST Act, specifically in non-cognizable offenses. The Additional Solicitor General argued that special laws like the Customs Act override the Criminal Procedure Code (CrPC), giving these officers the power to arrest even in non-cognizable cases without a warrant. However, the bench pointed out the need for some adherence to the CrPC, even for officers under special laws. They also questioned the lack of private complaints under the GST Act and emphasized the need for “verifiable material” justifying the arrest. This hearing highlighted the ongoing debate about balancing investigative powers with the safeguards provided by the CrPC. The case is scheduled for further hearing on May 15th, 2024.
Source a2ztaxcorp
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