2008 (8) TMI 536 - HC - Customs

Suspension of license for an indefinite period - clearance in goods on the basis of forged duty payments under DEPB Scheme against various bills of entry Held that - pending inquiry be concluded within three month from the date of receipt of the copy of this order. After the conclusion of the inquiry, the competent authority may pass further order within one month thereof.

Summary

Issues:
1. Whether the impugned order is discriminatory?
2. Whether the impugned order violates the principle of natural justice?
3. Whether the respondent's actions violate the fundamental right of business and trade?
4. Whether the appellant's license can be suspended for the actions of clearing agents?
5. Whether the license suspension can be indefinite?

Analysis:

Issue 1: The appellant challenged the order under Section 130 of the Customs Act, alleging discrimination as other appellants' appeals were allowed. The High Court examined the issue and found merit in the contention raised by the appellant.

Issue 2: The appellant argued that the impugned order violated the principle of natural justice. The Court noted that under Regulation 20(2), the Commissioner of Customs has the power to suspend a license pending an inquiry. However, the Court emphasized that the power to suspend carries the duty to conclude the inquiry within a reasonable time.

Issue 3: The appellant contended that the respondent's actions violated their fundamental right to business and trade. The Court did not provide a specific finding on the delay in the inquiry but directed that the pending inquiry be concluded within three months from the date of the order.

Issue 4: The appellant raised concerns about the suspension of their license due to the actions of clearing agents who were not their employees. The Court did not delve into this issue specifically but focused on the duration of the suspension and the need to conclude the inquiry promptly.

Issue 5: The crucial issue addressed was whether the suspension of the license could be indefinite. The Court held that the suspension cannot continue indefinitely and directed the competent authority to conclude the inquiry within a reasonable time frame. The Court ordered the inquiry to be completed within three months from the date of the order, with further orders to be passed within one month thereafter.

In conclusion, the High Court disposed of the petition, emphasizing the importance of concluding inquiries within a reasonable time frame and ensuring that the suspension of a license is not indefinite, in line with the provisions of the Customs Act and Licensing Regulations.