Non-compliance with statutory arrest procedures under the Health Security Se National Security Cess Act, 2025 leads to release of Sanchit Seth
In a significant judgment, the Allahabad High Court has quashed the arrest, remand, and detention of Sanchit Seth, who was taken into custody on allegations of evading revenue under the Health Security Se National Security Cess Act, 2025. The court ordered Seth's immediate release, citing procedural lapses in his arrest process.
The bench comprising Justices Siddharth and Vinai Kumar Dwivedi delivered the verdict on July 17, 2026, in response to a habeas corpus writ petition filed by Seth. The court found that the arresting authorities failed to comply with essential procedural safeguards mandated by the Act and the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Health Security Se National Security Cess Act, 2025, under which Seth was arrested, carries a maximum punishment of five years. The court emphasized that for such offences, valid arrest authorization, communication of arrest grounds, and informing the arrestee's family or nominee are statutory requirements. The failure to adhere to these requirements rendered Seth's arrest illegal.
The court noted several discrepancies in the arrest process. Notably, the authorization for Seth's arrest was issued a day after his actual detention, and the arrest memo did not indicate any communication with his family or nominee. Furthermore, the arrest appeared to be based solely on allegations without substantive audit findings to justify the claim of Rs. 17.88 crores in revenue evasion.
Citing the Supreme Court judgment in Satender Kumar Antil v. C.B.I., the Allahabad High Court reiterated that arrests for offences punishable with imprisonment up to seven years require adherence to stringent procedural norms. The court found the arrest of Seth unjustified and ordered his immediate release, allowing the habeas corpus petition.
This judgment underscores the judiciary's insistence on strict compliance with procedural safeguards in arrest cases, especially under new legislative frameworks like the Health Security Se National Security Cess Act, 2025, and the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom line:-
Arrests under the Health Security Se National Security Cess Act, 2025 must strictly comply with statutory requirements, including furnishing valid arrest authorization and informing the arrestee's family or nominee. Non-compliance renders the arrest, remand, and detention illegal.
Statutory provision(s): Health Security Se National Security Cess Act, 2025 Sections 19(5), 23, 26(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 35
