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Issues involved: Appeal against suspension of customs house licence u/s Regulation 20(2) of Custom House Agents Licencing Regulations, 2004 due to alleged misconduct.
Summary: Issue 1: Delay in Suspension Order The appeal challenged the suspension order issued 61 days after the alleged misconduct, contending that it was not immediate as required by the regulations. Citing the case of International Cargo Agents v. CC, Bangalore, it was argued that a long delay renders the suspension invalid. The appellant relied on various judgments including East West Freight Carriers (P) Ltd. v. CC, Madras and GCL Shipping Agencies (P) Ltd. v. CC, Cochin to support the argument that delayed suspension is not in line with the regulations. Issue 2: Nature of Alleged Offence The appellant argued that the alleged offence of allowing unauthorized persons to operate and signing blank customs documents was minor and did not involve moral turpitude. It was contended that the suspension order severely impacted the appellant's business at multiple locations. The Commissioner, however, maintained that the suspension was necessary as the enquiry was ongoing. Judgment: After considering the submissions and cited judgments, the Tribunal found that the alleged offence was not grave, and therefore, immediate suspension was required as per precedent. Due to the delay in issuing the suspension order, it was deemed not in compliance with the term "immediate action" as per regulations. The Tribunal upheld the appeal, setting aside the suspension order but allowing the Commissioner to proceed with the enquiry. The appellants were permitted to continue operating under the CHA licence as per the law. The appeal was allowed, and the judgment was pronounced on 26-2-2007.
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