Rights of Accused During ED, GST & Customs Arrests — Protection Against Illegal Detention

Accused individuals in cases involving the Enforcement Directorate (ED), GST authorities, and Customs officials have strong constitutional protections against illegal or arbitrary arrest. The Supreme Court has made it clear that arrest powers must be exercised only with strict compliance of procedural safeguards — not as a tool of pressure or harassment.

Key rights include being informed of written grounds of arrest, “reason to believe” recorded by officers, right to lawyer consultation during interrogation, production before Magistrate within 24 hours, right to inform relatives, and protection from coercion to pay tax or dues. If any of these rights are violated, the arrest becomes illegal and the accused may be entitled to bail — even in special law cases.

Legal remedies include anticipatory bail, writ petitions in High Court, and immediate challenge before the Magistrate. Personal liberty must always come first — every accused is presumed innocent until proven guilty.

Contact Details

Dr. Jinesh Soni Advocate
📞 Mobile: 9772946899
📧 Email: [email protected]

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