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Issues:
1. Suspension of Custom House Agent (CHA) Licence for non-compliance with regulations. 2. Delay in issuing show-cause notice and conducting inquiry. Issue 1: Suspension of CHA Licence for non-compliance with regulations: The judgment pertains to an appeal filed by a Custom House Agent against the suspension of their CHA Licence. The CHA allowed their licence to be used for export consignments in violation of CHA Licensing Regulations 2004. The consignments, purported to be expensive pharmaceutical products, were found to contain soap stone powder upon physical examination by Customs authorities. A statement by an employee implicated the CHA, who later confessed to allowing the licence to be misused. The Commissioner of Customs ordered the suspension of the licence under Regulation 20(2) of the CHALR 2004, indicating an inquiry under Regulation 22. The CHA argued that the delay in suspension, occurring 1 1/2 years after the confession, suggested no urgency. The tribunal noted the seriousness of the CHA's actions in enabling exporters to defraud the Revenue, emphasizing the need for timely resolution in the interest of justice. Issue 2: Delay in issuing show-cause notice and conducting inquiry: The tribunal considered the delay in issuing a show-cause notice to the CHA, despite three months passing since the licence suspension. It was observed that the suspension order, contemplating an inquiry, lacked promptness and certainty. The tribunal stressed the necessity of initiating the inquiry promptly by issuing the show-cause notice under Regulation 22, as indefinite contemplation was deemed unacceptable. Consequently, the tribunal decided to expedite the appeal process, allowing the application and scheduling the appeal for a specific date to ensure a swift resolution. The judgment underscores the importance of timely and decisive actions in matters concerning regulatory compliance and enforcement within the customs framework.
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