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Appeal against suspension of customs house agent's license for alleged unauthorized photocopying of a note sheet from the Commissioner's office. Analysis: The appeal challenged the suspension of the customs house agent's license under Regulation 21(2) of the Customs House Agent Licensing Regulations, 1984. The suspension was based on an allegation that the agent's employee had taken a photocopy of a note sheet from the Commissioner of Customs' office. The Additional Commissioner of Customs had written a letter to the agent, expressing concerns that a photocopy of a note sheet from the department's file was used by an importer in a case. The Commissioner concluded there was a prima facie case for prosecution under the Indian Penal Code and ordered the license suspension. During the hearing, the department failed to provide evidence supporting the conclusion that the agent's employee had taken the photocopy. The departmental representative could not produce the note sheet photocopy and admitted to not hearing from the Commissioner. The tribunal found no prima facie case against the appellant and adjourned the matter to allow the department more time. Subsequently, the department representative presented the Commissioner's file but could not show the note sheet photocopy. The tribunal noted that neither the Commissioner nor the staff had seen the alleged photocopy, leading to a lack of evidence implicating the agent's employee in the unauthorized copying. The tribunal emphasized the absence of material supporting the claim that the agent's employee made the photocopy, highlighting the lack of a basis for invoking Regulation 21(2) and suspending the license. Consequently, the tribunal allowed the appeal, setting aside the suspension order. However, it clarified that the department could pursue further action if additional investigation provided substantial evidence against the agent.
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