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TMI Blog2012 (11) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order and asking the concerned respondent to rescind or modify the order and if such a representation is made by the petitioner the concerned respondent in the above writ petitions shall consider such representation in accordance with law and pass orders on merits within a period of two weeks from the date of the representation after giving an opportunity of hearing to the petitioner, if the petitioner chooses to file any appeal against the impugned orders it is open to the petitioner to file the appeals within a period two weeks from the date of receipt of a copy of this order and if the petitioner files the appeals, the Appellate Authority shall entertain the appeals without reference to the period of limitation prescribed und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it cannot be said that immediate action was called for. 4. In support of this contention, the learned counsel for the petitioner placed reliance on the judgment of this Court in East west Freight Carriers(P) Limited .vs. Collector of Customs, Madras reported in 1995(77) ELT 79(Mad.) laying down that suspension of licence not sustainable unless the order indicates application of mind by Collector to the aspect whether immediate action was necessary pursuant to contravention by clearing agent. The jurisdiction to suspend is only when immediate action is necessary. 5. The reliance is also placed on the judgement in Kamal Kumar Agarwal .vs. Union of India reported in 2004(171)ELT 301(Cal) laying down that alternative appellate remedy ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecified in the notice referred to in sub-regulation (1), direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are not admitted by the Customs House Agent. 3. The Deputy Commissioner of Customs or Assistant Commissioner of Customs shall, in the course of inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry in regard to the grounds forming the basis of the proceedings and he may also put any question to any person tendering evidence for or against the customs House Agent, for the purpose of ascertaining the correct position. (4)The Customs House Agent shall be entitled to cross-examine the persons examined in su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court in the case of M/s. Cargomar .vs. The Commissioner of Central Excise and others made W.P.Nos. 5663 and 7126 of 2006 and W.P.M.P. Nos. 6141 and 7790 of 2006, laying down as under: 17. Therefore as per the law laid down by the Honourable Supreme Court of India in the above decision, pre-decisional natural justice issue of a show cause notice is not usually contemplated when the orders passed are of an interim nature pending investigation or enquiry. Hence in the light of the legal principles laid down in 1984(3) SCC 465 and in view of the availability of an effective alternative remedy by way of an appeal under Regulation 22(8) of the CHALR 2004 read with the provisions of the Customs Act, it is always open to the petitioner either ..... X X X X Extracts X X X X X X X X Extracts X X X X
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