2013 (10) TMI 1055 - HC - Customs

Suspension of license of courier business - Committee constituted for investigation - Held that - The order of suspension of licence of M/s. Fast & Economic Courier is hereby revoked temporarily subject to the outcome of inquiry report and the party is allowed to resume the work, for the time being. This order will not be taken as a precedence in any other case. This order is issued without prejudice to any other action that may be issued against M/s. Fast & Economic Courier or any other person(s) concerned under the Customs Act, 1962, or any other law for the time being in force - Decided in favour of assessee.

Summary

Issues:
Challenge to order turning down request to resume courier business based on revoked license.

Analysis:
The petitioner challenged the correctness of the order (Ext.P3) by the respondent, which denied permission to resume the courier business using a previously revoked license. The petitioner had initially been granted a license to operate a courier business at Trivandrum International Airport but had it revoked through Ext.P1 order. Subsequently, the Chief Commissioner intervened, setting aside the revocation order through Ext.P2 and initiating an inquiry. Despite this, the respondent refused the petitioner's request to resume business through Ext.P4. The petitioner contended that since the revocation order was set aside by the Chief Commissioner, they were entitled to continue their operations. The respondent's decision was challenged in the writ petition.

Observations:
The Court noted that in similar cases where licenses of other courier operators at the same airport were suspended, the respondent had refrained from delving into the merits of the case following observations by the Chief Commissioner. An order dated 02.08.2013 (No.10/2013 CUS.TECH) was issued by the respondent based on the Chief Commissioner's findings. The order constituted a committee to investigate the matter further and temporarily revoked the suspension of Trident Courier & Cargo's license pending the inquiry report outcome. The Court emphasized the need for similar treatment for the petitioner in light of the Chief Commissioner's observations, directing the respondent to reconsider the petitioner's case within two weeks based on the aforementioned order.

Conclusion:
In light of the above, the Court set aside Ext.P3 and instructed the respondent to review the petitioner's case based on the order dated 02.08.2013 within two weeks of receiving a copy of the judgment. The petitioner was directed to provide a copy of the judgment, along with relevant documents, to the respondent for further action. The writ petition was disposed of, ensuring a fair reconsideration of the petitioner's request in line with the directives provided.