Presumption of Innocence: Bombay High Court Clarifies Arrest Standards

Recently, the Bombay High Court made a significant observation regarding the seriousness of arrests, emphasizing that they cannot be carried out routinely based solely on allegations of an offense. This observation came during the case of Mahesh Gala v. Union of India & Ors., heard by a Division Bench comprising Justices Revati Mohite Dere and Manjusha Deshpande.

In this instance, the Court granted interim bail to Mahesh Gala, who had been detained overnight by tax officers and subsequently arrested in March.

The Court criticized the practice of detaining individuals overnight before formally arresting them, regardless of whether the person volunteered or not, stating that such actions were unacceptable. Emphasizing the seriousness of arrests, the Court highlighted that they cannot be conducted routinely based solely on allegations of an offense, as they can severely damage a person’s reputation and self-esteem. This statement was made in the Court’s order dated May 10.

In the case background, Gala had visited the Central Goods and Services Tax (CGST) office on March 13, following a 2021 case filed against his company (Om Sai Nityanand Management Pvt Ltd) for alleged violations of the CGST Act.

Gala spent the night in detention at the office and was formally arrested on March 14. It wasn’t until March 15 at 3:30 PM that he was presented before a magistrate for remand. Gala challenged the legality of his arrest by approaching the High Court. Represented by senior advocate Abad Ponda, Gala argued that the delay in presenting him before a magistrate remained unexplained by the CGST officer.

In response, the tax authorities stated that part of the delay was due to the time taken to print copies of relevant GST returns, approximately four hours. The Court, however, agreed with Ponda’s assertion that this explanation was inadequate and seemed like an afterthought.

The Court highlighted that if the GST officers lacked essential documents, they could have scheduled Gala’s questioning for another day instead of detaining him overnight.

Consequently, the Court granted Gala interim bail for six weeks upon payment of ₹25,000. The petition is scheduled for further hearing on June 24, 2024.