9911796707
|
Home
Issues:
Suspension of CHA licence after a delay of nearly 3 years from the relevant event - Breach of Regulation 12 and Regulation 13(b) of CHALR, 2004 - Delay in progress of enquiry against the CHA - Appellant's request for certain documents from departmental custody for effective rebuttal of charges. Analysis: The judgment revolves around the appeal filed by M/s. Fastforward against the suspension of their CHA licence by the Commissioner of Customs. The suspension was based on the breach of Regulation 12 and Regulation 13(b) of the CHALR, 2004, due to the export of Soap Stone Powder in the guise of Bulk Drugs declared in shipping bills, where the appellant allowed others to use the licence against payment. The appellant contested the suspension, citing delay and legal precedents like Commissioner of Customs v. National Shipping Agency and Tass Clearing Services Pvt. Ltd., highlighting the issuance of a charge sheet within a month of suspension. However, the delay in progress of enquiry post the appellant's reply raised concerns. The Tribunal refrained from making a decision to avoid influencing the ongoing enquiry, emphasizing the need for a prompt conclusion within 45 days from the order date. It directed the Commissioner to pass a final order within 30 days of receiving the enquiry report, stressing the importance of natural justice and cooperation from the appellant. The judgment also addressed the appellant's request for certain documents from departmental custody essential for rebutting the charges. The Tribunal directed that if the enquiry officer deems these documents relevant, copies must be provided to the appellant during the enquiry process to ensure adherence to the principles of natural justice. This aspect was considered within the scope of following fair procedures during the enquiry.
|
