9911796707
TMI Blog1993 (12) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... lations, 1984. 2. The impugned order reads thus : Whereas M/s. JAC Enterprises, were issued with CHA Licence No. 11/890, and were permitted to transact CHA business at Bombay Port. And whereas, an investigation against M/s. JAC Enterprises CHA No. 11/890, is contemplated in connection with seizure of 150 kgs. of Mandrex Tablets valued at Rs. 15,00,000/-, at Air Cargo Complex, Sahar, Bombay. And whereas, I am prima facie satisfied about the involvement of M/s. JAC Enterprises, CHA No. 11/890, in the export of the Mandrex Tablets valued at Rs. 15,00,000/- and therefore this is an appropriate case where an immediate action for suspending the CHA licence of M/s. JAC Enterprises CHA No. 11/890, is necessary. In view of above, I, B.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y appropriate case calling for some immediate action . In his submission, the seizure referred to in the order took place about three months prior to passing of the order, and there can be no ground to take such action at belated stage under the guise of immediate action , and if some contingency arose, the same ought to have been clearly spelt out in the order, but the order is absolutely silent on the issue. When questioned, the Ld. Advocate does admit that investigations have already commenced from the date of seizure and statements of various persons including those from the appellant CHA firm have been recorded. Copies of some statements have also been produced in the appeal papers. The Ld. Advocate has further pleaded that the Col ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence is being suspended in relation to the appellants suspected involvement in attempted export of Mandrex Tablets. As is submitted by the Ld. JDR, the cause shown is that enquiry is under contemplation, which indicates that though prima facie some evidence implicating the appellant has been found the matter is still being further investigated and it may not be in the public interest to divulge in details all the evidences or the line of investigation, as probability of the appellants tampering with the evidence or hampering with the investigation could not be ruled out. According to him, the appellant is entitled to know the cause for temporary suspension of the licence and the Collector has clearly mentioned the cause. In his submission, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order which may not be as explicit as the one before them, would be a bad order. In his submission, therefore, the impugned order is perfectly legal and valid and need not be interfered with. He has also stated that the departmental authority is not interested in unduly prolonging the matter, and would commence the proceedings at the earliest. 7. Considering the submissions made and going through the record made available, from the pleadings of the appellants themselves it appears that the CIU at Sahar International Airport detected an attempted export of Mandrex Tablets, where the appellants as CHA had undertaken to comply with the formalities for export and had acted in furtherence thereof. Paras 2 and 3 of the impugned order also r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfaction, so that the order cannot stand vitiated on the ground of non-application of mind, or as arbitrary and without bona fide. 10. The order does mention that the action is being taken against the appellants in relation to their involvement in attempted export of Mandrex Tablets. The way in which the appellants have filed affidavits of Ashok Bargo and Vithal Uthekar, before this Bench, in this appeal, duly indicate that the appellants are fully aware of the investigation and alleged role, attributed to them. It is not contemplated under the subject Regulation that the evidence being gathered or investigations being made at various level, ought to be duly scrutinised and discussed in details at this stage also. If that is done, the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s given by the appellants themselves in the appeal show that because of the appellants involvement in attempted export of Mandrex Tablets, it is thought necessary to prevent them from further acting as CHA. The plea that with lapse of time, there could be no need for such an action now, also cannot be accepted, as, from what has been pleaded, it appears that the alleged role of the appellant is that of an abetter, and could be ascertained only on further investigation and due scrutiny of the evidence gathered. The time lag between seizure and suspension of the licence, on the contrary is indicative of the fact that the Collector has not taken any hasty action, and has used restraint and passed the same after prima facie satisfying himself o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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