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TMI Blog2011 (2) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 20 of the CHALR, which authorized the Commissioner 'in appropriate cases where immediate action is necessary, suspend the licence of a Customs House Agent where an enquiry against such agent is pending or contemplated' - Held that:- no enquiry whatsoever was initiated against the appellant under the CHALR, neither the investigating agency nor the adjudicating authority had passed on the requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declared as 'Soyabean'. The vessel containing the cargo sailed of on 12.8.2006 before a 'Let Export Order' was issued by the proper officer of Customs under Section 51 of the Customs Act. The department booked a case against the exporter, the CHA and shipping line for the above malfeasance and accordingly issued a show-cause notice for penalizing them under Section 114 of the Customs Act. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther misuse of the CHA Licence'. The suspension order was passed without hearing the CHA and the same is the order impugned in the present appeal of the CHA. 3. After hearing the learned counsel for the appellant and the learned SDR for the respondent, we have found valid reasons to interfere. The Commissioner's order was passed under sub-regulation (2) of Regulation 20 of the CHALR, which auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was brought to his notice on 10.10.2008 only. It would mean that neither the investigating agency nor the adjudicating authority had passed on the requisite information to the Commissioner of Customs (General). Be that as it may, even after receiving information on 10.10.2008, the respondent-Commissioner appears to be sleeping over the matter. It is this conduct of the respondent which has th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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