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TMI Blog2008 (2) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... operation of the licence only where an enquiry against the CHA was pending or contemplated - In the present case, no enquiry was pending when the impugned order was passed inasmuch as no show-cause notice had been issued against them - appeal allowed - decided in favor of appellant. - C/392/2007 - 176/2008 - Dated:- 27-2-2008 - S/Shri P.G. Chacko, P. Karthikeyan, JJ. REPRESENTED BY : S/Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnai Port. Annexure-A Declarations filed at the port was in the name of M/s. K.S. Kannan Co. [CHA]. The appellants, namely, M/s. K.S. Kannan Coo., upon being interrogated by the DRI, disowned the export documents and stated that they had not filed the Shipping Bill or other documents. The DRI inquiry was necessitated by earlier findings on examination of the goods, which revealed that red sand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amana Murthy Son v. Commissioner of Customs, Cochin - 2006 (205) E.L.T. 861 (Tri. -Bang.) (iv) International Cargo Services v. Union of India - 2006 (193) E.L.T. 546 (Del.) (v) Kunal Travels (Cargo) v. Commissioner of Customs, New Delhi - 2005 (180) E.L.T. 345 (Tri. - Del.) (vi) Kamal Kumar Agarwal v. Union of India - 2004 (171) E.L.T. 301 (Cal.) It was also submitted that the expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to make out a ground for immediate suspension of the operation of the licence. Under Regulation 20(2) of the CHALR, it was incumbent upon the Commissioner to gather enough information justifying immediate action against the CHA. He should have obtained enough materials warranting urgent action against the CHA. He could have suspended the operation of the licence only where an enquiry against ..... X X X X Extracts X X X X X X X X Extracts X X X X
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