9911796707
TMI Blog2014 (9) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... Exports, Chennai, for exporting Free Flowing Iodized Salt, during the month of December, 2009. The said consignments were to be exported through the Tuticorin Port Trust. But, the officers of the Directorate of Revenue Intelligence, Tuticorin, on 24/25.12.2009, intercepted the goods and on a detailed examination, it was found that in the gunny bags containing iodized salt, polythene sacs containing Ketamine Hydrochloride were concealed in the iodized salt. They were recovered. The worth of seized Ketamine Hydrochloride was valued at Rs. 1,50,00,000/-. Based on these allegations, the Commissioner of Customs House, Tuticorin, by his proceedings in C.No.VIII/13/47/2004-CHA, dated 16.03.2010, suspended the Customs House Licence issued to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-regulation (3) of Regulation 20 was inserted by means of an amendment with effect from 08.04.2010; whereas the impugned order of suspension was passed on 16.03.2010 and as per the unamended Regulation, as it stood in force before 08.04.2010, there was no question of affording opportunity to the Agent and to take a decision either to revoke the suspension or to continue the same. In the counter, it is further elaborated as to how the necessity arose to take action under sub- regulation (2) to Regulation 20. Thus, according to the respondent, the writ petition is liable to be dismissed. 5. I have considered the above submissions. 6. Since the question of maintainability of the writ petition is raised in the counter filed by the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence is suspended and may pass such order as he deems fit either revoking the suspension or continuing it, as the case may be, within fifteen days from the date of hearing granted to the Customs House Agent." Since this sub-regulation (3) was not there originally in the Regulations before 08.04.2010, the question of affording any opportunity, immediately after passing the order of suspension, within a time frame and to pass a further order within a further time frame, either continuing the suspension or revoking the same, did not arise at all. In short, there was neither pre- decisional nor post decisional right of hearing contemplated under Regulation 20. In such view of the matter, I hold that there was no violation of principles of natu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Commissioner of Customs in this matter, though the allegations against the petitioner appear to be serious, cannot be appreciated. The learned counsel for the petitioner would submit that the suspension of licence may be revoked and the Commissioner may be directed to hold an enquiry and pass appropriate orders under Regulation 22 of the Regulations. In my considered opinion, that course is not possible and the only course which could be adopted is to issue a direction to the Commissioner to hold appropriate enquiry and pass a final order under sub-regulation (7) of Regulation 22 within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion as to whether ..... X X X X Extracts X X X X X X X X Extracts X X X X
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