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Arrest cannot be Routine on mere CGST Act Violation Allegations: Bombay HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 2460
Case Name
Mahesh Gala vs Union of India & Ors (Bombay High Court)
Date of Judgement/Order
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Mahesh Gala vs Union of India & Ors (Bombay High Court)

Arrest Is A Serious Matter And Cannot Be Made Routine Manner On Mere Allegation of CGST Act violations: Bombay HC in Mahesh Gala vs Union of India & Ors in Criminal Writ Petition No. 938 of 2024

While leaving no scope of any ambiguity of any kind whatsoever, the Bombay High Court in a most learned, laudable, landmark, logical and latest judgment titled Mahesh Gala vs Union of India & Ors in Criminal Writ Petition No. 938 of 2024 and cited in Neutral Citation No.: 2024:BHC-AS:21963 that was reserved on May 2, 2024 and then finally pronounced on May 10, 2024 has minced just no words while underscoring the gravity of arrest and its consequences to unequivocally state that it cannot be executed routinely based solely on allegations of an offence. It must be mentioned here that the petitioner’s ordeal and tryst began when he appeared before the Central Goods and Services Tax (CGST) office in connection with a 2021 case against his company for alleged CGST Act violations. It must be mentioned here that he was detained quickly overnight at the office before being formally arrested the next day.

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Author Info

Sanjeev Sirohi
Qualification: LL.B / Advocate
Location: Meerut, Uttar Pradesh
Articles Published: 874

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