9911796707
|
Home
Issues:
- Suspension of Custom House Agent's license under Regulation 21 of CHALR, 1984 without following the procedure under Regulation 23. Analysis: The judgment revolves around the suspension of a Custom House Agent's license by the Commissioner under Regulation 21 of the Custom House Agents Licensing Regulations, 1984 (CHALR, 1984). The Commissioner suspended the license of the appellants due to serious allegations, including involvement in drawback fraud and substandard goods clearance. The appellants were accused of floating fictitious firms, over-invoicing, and subletting their license. The suspension order was issued pending an enquiry, citing non-compliance with bond conditions and fraudulent activities. The appellants contended that the suspension was done under sub-regulation (1) of Regulation 21, which required following the procedure under Regulation 23, including issuing a notice and providing an opportunity for defense. However, the Tribunal observed that the seriousness of the allegations warranted immediate action, falling under sub-regulation (2) of Regulation 21. The Tribunal cited relevant case laws to support the exercise of power even if cited under a different provision. The judgment emphasized that the power exercised must have a legitimate source, irrespective of the specific provision mentioned. The Tribunal upheld the suspension order, stating that immediate action was necessary considering the nature of the allegations. However, it directed the Commissioner to complete the enquiry within three months and take further action based on the findings. If no evidence was found against the Custom House Agent, their license should be restored. The judgment highlighted that the suspension was a temporary measure, and the due process of enquiry and evidence collection should be followed to determine the final outcome regarding the license status.
|
