Gurugram CJM Court declares arrest is illegal by GST Officer
The Learned CJM in the case of CGST vs Mr. Yogesh Gupta declared the arrest by the GST officer illegal as the ground of arrest not informed in a proper manner and merely a formality was done by the prosecution by providing grounds of arrest in writing. The Court noted that the prosecution was under obligation to comply with the provisions of Section 41, 41A of the Cr.PC /Section 35 of the BNSS Act before arresting the accused but the same has not been complied and as such, arrest of accused cannot be termed as legal.