The Center has informed the Bombay High Court that it is taking appropriate steps to ensure that the persons are not detained overnight for the purpose of interrogation. It said it will soon issue a circular to the effect.
The statement was made while hearing a petition by one Mahesh Gala who was detained overnight after arrest by the CGST and Central Excise officials on March 14.
In May, the HC granted bail to Gala observing that that it appeared that “prima facie” he was unlawfully detained beyond 24 hours and without reason, overnight. “We deprecate the practice of keeping a person overnight under the guise of recording his statement, irrespective of whether the person volunteered or not,” the HC had said.
Rapping the central authorities, the HC had directed Gala’s immediate release on finishing a personal bond of Rs25,000.
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During the hearing on September 24, the counsel for the Union government told the court that it is taking steps to avoid overnight detention. “Counsel for the respondent Nos. 1 to 3 (Union government, CGST) states that the Central Government is taking appropriate steps to ensure that the persons are not detained overnight for the purpose of interrogation. Statement accepted,” a bench headed by Justice Revati Mohite-Dere said.
The Counsel also assured that “appropriate guidelines will be issued by the concerned Ministry/Department”.
The bench has asked to place the guidelines of record, if issued, by the next date of hearing on December 3.
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Gala was summoned by the CGST authorities while probing his company for alleged GST violation from 2017 to 2021 to the tune of Rs 4.48 crore. Gala’s counsel has submitted that Gala reached the CGST office on March 13 at around 1.30pm and was kept overnight. He was shown arrested the next evening at 7.30pm and was produced before the magistrate on March 15 around 3.30pm. Gala had submitted that the company’s returns were available to CGST officials. Of the alleged violations, Ra3 crore were frozen and Rs1.3 crore reversed.
The CGST justified the 13-hour delay stating that downloading the GST returns took four hours.