Persons can seek anticipatory bail in cases related to GST, Customs even in absence of FIR: Supreme Court

New Delhi: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place.

A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi had reserved the verdict on May 16, last year on a batch of pleas challenging the penal provisions in the Customs Act, the GST Act as being non compatible with the Code of Criminal Procedure CrPC and the Constitution.

Pronouncing the verdict, the CJI said the provisions of CrPC and the subsequent law, Bharatiya Nagarik Suraksha Sanhita (BNSS), on issues like anticipatory bail would be applicable to persons under the Customs and the GST Acts.

It held that persons facing possible arrest under the GST and Customs Acts are entitled to seek anticipatory bail, even before an FIR is registered.

The detailed judgement is awaited.

The lead petition was filed by one Radhika Agarwal in 2018.