2013 (4) TMI 839 - HC - Customs

Application for early hearing - restoration of licence - statutory remedy as provided under Regulation 14 (2) - Held that - this Court finds it fit and proper to relegate the petitioner to avail the remedy as above. Accordingly, the petitioner is set at liberty to file a proper representation under Regulation 14(2) before the 2nd respondent within two weeks, upon which the same shall be considered and a decision shall be rendered after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within one month from the date of receipt of the representation - petition allowed.

Summary

Issues: Authorization of courier under Courier Import and Export Regulations, suspension of license, remedy under Regulation 14(2), confirmation of suspension order, show-cause notice under Customs Act, 1962.

Analysis:
1. The petitioner, an authorized courier under the Courier Import and Export (Clearance) Regulations, 1998, had their license suspended due to incriminating circumstances as per orders Ext.P11 and Ext.P12. The petitioner sought remedy under Regulation 14(2) by filing Ext.P15 to challenge the suspension.

2. Subsequently, the 1st respondent confirmed the suspension through order Ext.P22, and the petitioner was served with a show-cause notice under Section 28(4)(b) & (c) of the Customs Act, 1962, through Ext.P23. The petitioner responded to the notices and sought a prompt resolution of the matter.

3. The Court heard arguments from both parties and directed the petitioner to avail the remedy under Regulation 14(2) by filing a representation before the 2nd respondent within two weeks. The Court emphasized that the decision on the representation should be made promptly, within 'one month' from its receipt, after providing an opportunity for the petitioner to be heard.

4. The Court also instructed the petitioner to submit any necessary explanations in response to Ext.P23 and allowed the proceedings to continue. However, the final order based on Ext.P23 was to be issued considering the decision made by the 2nd respondent in response to the petitioner's representation under Regulation 14(2).

5. Ultimately, the Court disposed of the writ petition, granting the petitioner the opportunity to pursue the statutory remedy under Regulation 14(2) and ensuring a timely resolution of the matter by all concerned authorities.