2022 (5) TMI 1169 - AT - Customs

Revocation of customs broker license - Rule 16(1) of CBLR 2018 - HELD THAT - In the present case continuance of suspension of license without examining the necessity of the same impinges on the fundamental right to work of the applicant. We are not going into the merits of the case and the nature of offence committed as the same needs to be examined when the appeal is heard and not at this stage where only the application of early hearing is being examined. The appeal of the applicant may be listed in the next available Division Bench in Chandigarh. The application is allowed

Summary

Issues:
Application for early hearing in appeal against suspension of customs broker license under CBLR 2018.

Analysis:

1. Background: The case involves an application for early hearing filed by a customs broker, M/s. Secon Logistic Pvt. Ltd., challenging the suspension of their license under Rule 16(1) of CBLR 2018 following a case booked against one of the importers they represented.

2. Grounds for Early Hearing: The applicant, through their counsel, argued that the suspension of the license has caused significant financial hardship, rendering the employees jobless and affecting the sole breadwinner's ability to meet family expenses. The applicant also asserted having a case on merit.

3. Revenue's Opposition: The revenue strongly opposed the application for early hearing, emphasizing the seriousness of the offence committed by the customs broker and providing a point-wise rebuttal of the grounds raised in the appeal.

4. Tribunal's Decision: The tribunal considered the arguments from both sides and focused solely on whether there were sufficient grounds for early hearing. Without delving into the merits of the case, the tribunal acknowledged the impact of the license suspension on the right to work of the applicant. Citing the importance of the right to work as integral to the right to life, the tribunal allowed the application for early hearing, directing the appeal to be listed in the next available Division Bench in Chandigarh.

5. Legal Precedent: The tribunal referenced the observations of the Hon'ble Supreme Court in a previous case to highlight the interconnectedness of the right to work and the right to life, underscoring the fundamental nature of the right to work and its implications on livelihood and survival.

6. Conclusion: The tribunal's decision to grant early hearing in the appeal signifies a recognition of the fundamental right to work and the impact of the license suspension on the livelihood of the customs broker and their employees, setting the stage for a detailed examination of the case on its merits during the appeal hearing.

This detailed analysis covers the issues involved in the judgment, including the grounds for early hearing, the opposing arguments, the tribunal's decision, legal precedent, and the overall implications of the judgment on the rights and livelihood of the customs broker involved.