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TMI Blog2003 (9) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : Jeet Ram Kait, Member (T) (Oral)]. The appeal is against the order of suspension of CHA licence vide the Commissioner s order F. No. R397/CHA, dt. 13-1-2003, by which the Commissioner has invoked the provisions of Regulation 21(2) of CHALR, 1984, pending investigation and finalisation. Ld. Advocate, Shri Sudhakar submits that the clerk of the CHA in his enthusiasm to clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em. More than 8 months have passed after suspension of their licence. 2. Ld. DR, Shri A. Jayachandran, has submitted a report from the Commissioner (Appeals) and he has submitted that the suspension was made on 13-1-03, immediately after the receipt of the investigation report on 8-1-03, from the investigating agency. He also submitted that the PHO certificate was based on the sample drawn by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clerk Shri Murugadoss, it is very clear that he had submitted the photocopy of the earlier certificate i.e. the photocopy of the PHO certificate of the previously cleared consignment. He also submitted that though the offence took place in July, 02, for more than one year, no action has been taken to give any SCN to them. They have been deprived of their livelihood and not able to do any business. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the earlier consignment of the same importer in order to clear this consignment, we do not find this as a fit case for suspension of licence and they have been deprived of their livelihood, when no action has been taken against the importer and the adulterated chocolates were allowed to be re-exported. In view of the above facts and circumstances, we set aside the order of the ld. Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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