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TMI Blog2009 (8) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... d 30-1-2009. 2. The ld. Counsel for the appellant submits that the licence was suspended after nearly 3 years since the relevant event. The relevant event is, export of Soap Stone Powder in the guise of Bulk Drugs declared in the relevant shipping bills. The appellant was the signatory to those shipping bills. However, in a statement given in July, 2008 under Sec. 108 of the Customs Act, Shri S. Venkatraman admitted that he had allowed his licence to be used by others against payment of monetary consideration. In that statement, the appellant confessed to having allowed two persons to use his CHA licence against payment of monetary consideration. A statement was recorded from one of those two persons viz. Shri Shyam Sawant. No statement w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ension was challenged by the CHA. The order of Hon ble High Court noted that no show-cause notice had been issued to the CHA thitherto. Considering such facts, the Hon ble High Court dismissed the appeal filed by the Commissioner of Customs against the Tribunal s order setting aside the Commissioner s order of suspension of CHA licence. In the case of Tass Clearing Services Pvt. Ltd. supra, also, there was a delay between the detection of case and the suspension of CHA licence, and consequently the order of suspension was set aside. The other decisions cited by the ld. Counsel are also more or less to the same effect. As pointed out by the ld. SDR, we have found a distinction between the cited cases and the case on hand. In the case conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecific direction to the Enquiry Officer to complete his proceedings in accordance with law and the principles of natural justice, within the shortest possible time, at any rate within 45 days from the date of receipt of a certified copy of this order. We trust, the Commissioner, upon receipt of the enquiry report, would take a decision in like manner, after giving the CHA a reasonable opportunity of being heard. In the interest of justice, we direct the ld. Commissioner to pass final order within 30 days from the date of receipt of the enquiry report. Needless to say that the appellant himself must co-operate with the enquiry officer as well as the Commissioner. 3. Before parting with this matter, we think, we must consider one request ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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