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Challenge to suspension order of Custom House Agent license under Regulation 21(2) of Customs House Agents Licensing Regulations, 1984. Analysis: The case involves an appeal against the suspension of a Custom House Agent (CHA) license by the Commissioner of Customs. The appellant, represented by an advocate, challenged the suspension order under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984, arguing that the order did not specify reasons for immediate suspension or the necessity of such action pending an inquiry. The advocate cited previous judgments to support the appeal, emphasizing the need for the Commissioner to demonstrate the urgency and grounds for immediate suspension in the order. Upon reviewing the submissions, the judge noted that the issue of immediate suspension of a CHA license had been extensively addressed in previous judgments, including the decision in Poonam Cargo Services. The judge referenced various cases such as N.C. Singha & Sons, East West Freight Carrier Pvt. Ltd., Eagle Shipping (India) Services, Trinity Shipping and Allied Services, and Vikas Shipping Agency, highlighting the requirement for the suspension order to reflect the Commissioner's consideration of the necessity for immediate action due to a violation by the Clearing Agent. Applying the guidelines established in the cited cases, the judge found that the suspension order in the present case lacked clarity on the grounds for suspension and the urgency necessitating immediate action. The order was deemed arbitrary and not in compliance with Regulation 21(2) of the CHALR and principles of justice. Consequently, the judge set aside the appealed order and allowed the appeal, clarifying that the decision did not prevent the Commissioner from exercising powers under Regulation 21(2) in the future, provided it was done lawfully.
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