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2009 (12) TMI 245 - HC - Central ExciseCustom House Agents Licencce- suspension- It is alleged that on the basis of export documents that is invoice packing list and other documents sent by the exporter the petitioners prepared five shipping bills for export of synthetic fabrics to Bangladesh. Of the five consignments one was sought to be exported subject to submission of Letter of Credit and others on Delivery Against Payment Basis . Held that- This Court is not inclined to interfere with the order of suspension. The writ application is disposed of with a direction on the respondent authorities to complete the proceedings against the petitioners expeditiously preferably within 45 days from the date of communication of this order.
Issues Involved:
1. Legality of the suspension of the Customs House Agent's Licence under Regulation 20(2) of the Customs House Agent's Licensing Regulations, 2004. 2. Compliance with the procedural requirements of Regulation 22 in the context of immediate suspension under Regulation 20(2). 3. Examination of the principles of natural justice in the context of the suspension order. Issue-Wise Detailed Analysis: 1. Legality of the Suspension of the Customs House Agent's Licence: The petitioners challenged the suspension of their Customs House Agent's Licence issued by the Commissioner of Customs under Regulation 20(2) of the Customs House Agent's Licensing Regulations, 2004. The suspension was based on allegations of duplicating export documents and fabricating fake rubber stamps of Customs Officials. The Court acknowledged the serious nature of these charges and justified the interim suspension. 2. Compliance with Procedural Requirements of Regulation 22: The petitioners argued that the suspension did not comply with the procedural requirements of Regulation 22, which mandates a written notice and an opportunity for defense before suspension or revocation of the licence. The Court referred to previous judgments, including Mishra & Mishra (Agencies) Enterprises & Anr. v. Union of India & Ors., which held that the requisites of Regulation 22 should be complied with for exercising power under Regulation 20(2). However, the Court also noted judgments like Collector of Customs v. Jena & Company and Orient Clearing and Forwarding Agency v. Union of India, which affirmed the power of the Commissioner of Customs to issue an order of suspension under Regulation 21(2) of the 1984 Regulations, a provision almost identical to Regulation 20(2) of the 2004 Regulations. The Court concluded that Regulation 20(2) of the 2004 Regulations is independent of Regulation 22(1) and does not require compliance with the procedure prescribed by Regulation 22 for issuing an order of suspension. 3. Examination of Principles of Natural Justice: The Court emphasized that the suspension of a Customs House Agent's Licence results in serious consequences, including the stoppage of business and potential long-term loss of goodwill and reputation. Therefore, the power to suspend must be exercised with caution and in extremely emergent cases, ensuring compliance with principles of natural justice. The Court acknowledged that in some cases, a post-decisional hearing might meet the requirements of natural justice, as held in Liberty Oil Mills. The Court directed that immediate suspension should not be prolonged indefinitely and that the investigation must be completed expeditiously. In this case, the Court found the charges against the petitioners serious enough to justify the interim suspension and directed the respondent authorities to complete the proceedings against the petitioners expeditiously, preferably within 45 days. Conclusion: The Court upheld the suspension of the Customs House Agent's Licence, emphasizing the seriousness of the allegations and the necessity of immediate action. It clarified that Regulation 20(2) allows for immediate suspension without the procedural requirements of Regulation 22 but stressed the importance of a timely investigation and adherence to principles of natural justice. The writ application was disposed of with a direction to expedite the proceedings.
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