Case Overview: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018
In a recent hearing on May 9th, 2024, the Supreme Court of India delved into a crucial legal matter concerning the authority of officers under the Customs Act and GST Act to make arrests. Central to the debate was whether these officers are bound by the procedural requirements outlined in the Criminal Procedure Code (CrPC), particularly in cases categorized as non-cognizable offences.
ASG’s Argument and Bench’s Response
The Additional Solicitor General (ASG) contended that Customs and GST officers do not fall under the classification of “police officers.” Consequently, he argued that constitutional protections such as Article 20(3) (protection against self-incrimination) and Section 25 of the Evidence Act (pertaining to the inadmissibility of confessions made to police officers) do not extend to them. According to the ASG, special legislation like the Customs Act supersedes the CrPC, granting these officers the authority to effectuate arrests even in non-cognizable cases without a warrant.
However, the bench, comprising Justices Khanna, Sundresh, and Trivedi, raised pertinent queries regarding the legislative intent. They noted that while amending the Customs Act, Parliament did not entirely disregard the 2011 Om Prakash judgment, which stressed the importance of aligning with CrPC procedures. This partial amendment, the bench inferred, implies a necessity for some adherence to the CrPC, even for officers operating under special laws.
Concerns and Emphasis on Evidentiary Standards
Of particular concern to the bench was the absence of provisions for private complaints under the GST Act, raising apprehensions about potential abuse if only the government could be considered the “aggrieved party.” Justice Khanna, in particular, underscored the principle that arrests should not be made solely on the basis of suspicion. He emphasized the imperative of having “verifiable material” that substantiates the grounds for arrest, with a provision for review by a Magistrate.
Implications and Further Proceedings
This pivotal hearing has brought to the forefront the ongoing discourse regarding striking a balance between the expansive investigative powers conferred by special legislation and the safeguards enshrined in the CrPC. The case is slated for further deliberation on May 15th, 2024, signalling a continued exploration of the intricate legal dynamics surrounding arrest procedures in India.
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