Arrest of sales tax officer in fake refund case declared illegal

Mumbai: The High Court has declared the arrest of a sales tax officer in the case of giving fake refunds illegal and has ordered immediate bail. The arrest of officer Amit Lalge in the case of giving fake refunds of Rs 175 crore to sixteen ineligible companies between August 2021 and March 2022 has been declared illegal and his release on bail has been ordered.

The court also held that Lalge’s arrest was a violation of fundamental rights, noting that signing a petition while making an arrest is not a legal substitute for stating the reason for the arrest. It is mandatory by law to tell an accused the reason for his arrest. The court said that according to the Constitution and law, it is mandatory to give complete information about the reason for arrest and the right to bail. In this case the machinery has failed to give reason for arrest.

The court also said that the Additional Sessions Judge, while granting custody to Lalge, did not examine whether the arrest proceedings against him were conducted as per rules or not. The court canceled the detention order and ordered his immediate release.

As the sales tax officer said, a total of Rs. Lalge was arrested on June 25, 2024 for approving fake refunds of Rs 175 crore.