Case Note & Summary
The petitioner, filed a criminal writ petition seeking compensation of Rs. 10,00,000/- for alleged illegal arrest and detention by GST authorities -- He claimed he was taken into custody on 17.06.2025 without proper summons and illegally detained until his formal arrest on 21.06.2025 -- The respondents argued the petitioner was called as a witness under proper summons under Section 70 of the CGST Act from 17.06.2025 to 20.06.2025 and was only arrested on 21.06.2025 after ascertaining charges -- The Court examined the chronology of events and found the petitioner was with authorities voluntarily for recording statements -- The Court held there was no illegal detention and the arrest procedure under Section 69 of the CGST Act was properly followed -- The Court rejected the petitioner's argument that 7 days notice was required for summons under Section 70 of the CGST Act -- The petition was dismissed as the petitioner failed to substantiate claims of illegal detention or constitutional violations
Headnote
The High Court of Judicature at Bombay dismissed a criminal writ petition seeking compensation for alleged illegal arrest -- The petitioner claimed he was illegally detained from 17.06.2025 to 20.06.2025 before formal arrest on 21.06.2025 -- The Court held that the petitioner was called under proper summons under Section 70 of the Central Goods and Services Tax Act, 2017 (CGST Act) for recording statements as a witness -- The Court found no violation of constitutional rights under Article 21 or Article 22 of the Constitution of India -- The Court rejected the argument that 7 days notice was required for summons under Section 70 of the CGST Act -- The Court found the arrest on 21.06.2025 was proper under Section 69 of the CGST Act -- The petitioner's claims of fabricated documents and illegal detention were not substantiated -- The petition was dismissed with no order as to costs
Issue of Consideration
Whether the petitioner was entitled to compensation of Rs. 10,00,000/- for alleged illegal arrest and detention by GST authorities
Final Decision
The High Court dismissed the criminal writ petition -- The Court held the petitioner was not entitled to compensation of Rs. 10,00,000/- -- The Court found no illegal detention or violation of constitutional rights -- The Court rejected the argument that 7 days notice was required for summons under Section 70 of the CGST Act -- No order as to costs
Law Points
- Summons under Section 70 of the Central Goods and Services Tax Act
- 2017 (CGST Act) do not require 7 days notice -- Arrest under Section 69 of the CGST Act requires proper procedure -- Constitutional protections under Article 21 and Article 22 of the Constitution of India -- Guidelines from Joginder Kumar vs State of U.P. and D.K. Basu vs State of W.B. regarding arrest procedures -- Jurisdiction of GST officers under the CGST Act
Case Details
2026 LawText (BOM) (02) 39
Criminal Writ Petition No. 885 of 2025
Sandipkumar C. More J. , Y.G. Khobragade J.
Mr. R.F. Totala i/b Mr. Vedant Kabra for petitioner, Mr. A.G. Talhar a/w Mr. Pratik Bothari and Ms. Nandini Chittal for respondent Nos.1 to 4, Mr. S.R. Wakale for respondent No.5
Union of India, Principal Commissioner Mr. Pradip Gurumurthy, Additional Commissioner (Preventive) Mr. Rajkumar Kendre, Superintendent (Preventive) Mr. B.S. Nade, State of Maharashtra
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Nature of Litigation
Criminal writ petition seeking compensation for alleged illegal arrest and detention
Remedy Sought
Petitioner sought compensation of Rs. 10,00,000/- for alleged illegal arrest and detention by GST authorities
Filing Reason
Petitioner claimed he was illegally detained from 17.06.2025 to 20.06.2025 before formal arrest on 21.06.2025
Previous Decisions
Bail application rejected by Magistrate on 23.06.2025 -- Sessions Judge granted bail after High Court direction -- Petitioner did not press prayers regarding declaring arrest null and void and quashing magisterial custody order
Issues
Whether the petitioner's detention from 17.06.2025 to 20.06.2025 constituted illegal detention
Whether the summons issued under Section 70 of the CGST Act required 7 days notice
Whether the petitioner was entitled to compensation for alleged violation of constitutional rights under Article 21 and Article 22
Submissions/Arguments
Petitioner argued summons were fabricated and issued without jurisdiction -- Petitioner claimed 7 days notice was required for summons under Section 70 of CGST Act -- Petitioner alleged violation of Article 21 and Article 22 of Constitution -- Respondents argued petitioner was called as witness under proper summons -- Respondents contended petitioner was with authorities voluntarily for recording statements -- Respondents stated arrest was made only on 21.06.2025 after ascertaining charges
Ratio Decidendi
Summons under Section 70 of the CGST Act do not require 7 days notice as argued by the petitioner -- The petitioner was with authorities voluntarily for recording statements as a witness from 17.06.2025 to 20.06.2025 -- The arrest on 21.06.2025 was proper under Section 69 of the CGST Act -- No violation of Article 21 or Article 22 of the Constitution was established -- Claims of fabricated documents and illegal detention were not substantiated
Judgment Excerpts
The petitioner was in fact called as a witness to record his statements under proper summons under Section 70 of the CGST Act, which does not say anything about 7 days notice in advance
From 17.06.2025 to 20.06.2025, the petitioner was with the respondents voluntarily and under proper summons for recording statement
Only on 21.06.2025, after ascertaining the charges against the petitioner, he was arrested at Nanded and produced before the Magistrate on the same day
Procedural History
Petitioner taken into custody on 17.06.2025 -- Formal arrest on 21.06.2025 under Section 69 of CGST Act -- Case filed before Judicial Magistrate (First Class), Nanded -- Magistrate remanded petitioner in M.C.R. till 03.07.2025 -- Bail application rejected by Magistrate on 23.06.2025 -- Sessions Judge granted bail after High Court direction -- Writ petition filed seeking compensation -- Hearing on 19.12.2025 -- Judgment pronounced on 05.02.2026
Acts & Sections
- Central Goods and Services Tax Act, 2017: Section 69, Section 70, Section 132(1)(b), Section 132(1)(c), Section 132(1)(i)
- Constitution of India: Article 21, Article 22
- Code of Civil Procedure, 1908: Order XVI
