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Issues:
1. Revocation of Customs House Agent license under Custom House Agents Licensing Regulations, 1984. 2. Allegations against the appellant regarding illegal removal of goods and demand for payment. 3. Violation of principles of natural justice in reliance on statements and denial of cross-examination. 4. Sustainability of the impugned order and the need for remand. 5. Disturbing features of the case regarding the removal of goods and action against involved officers. Analysis: 1. The judgment deals with an appeal against the revocation of a Customs House Agent's license by the Commissioner of Customs. The appellant was alleged to have been involved in the illegal removal of goods and demanding payment for re-export and demurrage charges. The appeal raised issues regarding the legality of the revocation under the Custom House Agents Licensing Regulations, 1984. 2. The appellant's counsel argued that the reliance on certain statements in the impugned order violated principles of natural justice. The show cause notice excluded specific statements but the adjudicating authority relied on them, leading to a lack of application of mind and denial of the right to cross-examine. The appellant sought to challenge the correctness of the statements and their exclusion from the notice. 3. The judgment highlighted the error in relying on excluded statements and the denial of cross-examination of key witnesses. The appellant's request to cross-examine individuals crucial to the case was not granted, affecting the fairness of the proceedings. The adjudicating authority failed to provide reasons for the unavailability of witnesses, leading to a violation of natural justice principles. 4. Despite the suggestion of remand by the respondent, the judge deemed it unnecessary due to the time elapsed since the incident in 1990 and the suspension of the appellant's license. The impugned order was set aside based on the unsustainable grounds of reliance on excluded statements and denial of cross-examination, ultimately allowing the appeal. 5. The judgment concluded by highlighting the disturbing aspects of the case, particularly the illegal removal of goods under the custody of customs authorities without the action against involved officers. The judge directed the Chairman of the CBEC to take necessary action against the officers involved in the removal of goods, emphasizing the importance of upholding justice and integrity in such matters. This detailed analysis of the judgment provides insights into the legal issues raised, the arguments presented, and the ultimate decision rendered by the Appellate Tribunal CEGAT, Madras.
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