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2019 Supreme(SC) 1423

A.K.SIKRI, S.ABDUL NAZEER
Union of India – Appellant
Versus
Make My Trip (India) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K. Radhakrishnan, Sr. Adv. Mr. Rupesh Kumar, Adv. Ms. Nisha Bagchi, Adv. Mr. Ritesh Kumar, Adv. Mr. B. Krishna Prasad, Mrs. Anil Katiyar, AOR
For the Respondent: Mr. V. Sridharan, Sr. Adv. Mr. L. Badri Narayanan, Mr. Aaditya Bhattacharya, Mr. Yogendra Aldak, Mr. Manish Rastogi, Mr. Victor Das, Ms. Apeksha Mehta, Advs. Mr. R. Parthasarathy, AOR Mr. Praveen Swarup, AOR

ORDER :

1. Heard learned counsel for the parties at length.

2. The issue is as to whether the power of arrest under Section 91 of the Finance Act, 1994 ('the said Act') can be exercised without following the procedure as set out in Section 73A(3) and (4) of the said Act. The High Court has decided, after detailed discussion, that it is mandatory to follow the procedure contained in Section 73A(3) and (4) of the said Act before going ahead with the arrest of a person under Sections 90 and 91. We are in agreement with the aforesaid conclusion and see no reason to deviate from it.

3. Accordingly, these appeals are dismissed.

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