9911796707
TMI Blog2014 (11) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... s & Exports (Clearance) Regulations, 1998 and as amended from time to time. The petitioner had been allowed to transact business of clearing express cargo, imported / exported through the courier mode as authorised courier subject to the procedures laid down in the Notification and Regulations. That registration is valid upto 15th November, 2017. What has been noted by the authorities is that the petitioner did not obtain prior permission to sublet / outsource any of the components in the door to door supply chain. Secondly, the regulations contemplated passing of an examination. Thirdly, and what is emphasised today before us is that the petitioner has not maintained proper record in electronic format while engaging third party courier for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iry, but no inquiry has been conducted till date. Secondly, if the grounds are not to be found and even prima facie established, then, an inquiry for the purpose is contemplated. Before that inquiry, suspension is ordered and automatically that would be an economic death for a party like the petitioner, who has been functioning as a courier for a number of years. It has 365 employees. Reliance is placed upon the judgment of Division Bench of Delhi High Court in Falcon Air Cargo & Travels (P) Ltd. V/s. Union of India reported in 93(2001) Delhi Law Times 843 (DB). Reliance is also placed upon the Tribunal's orders in that regard. 6. Having perused the impugned order, we are of the opinion that it would be proper for us not to interfere i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntation in writing and further an opportunity of being heard in the matter, if so desired. 7. However, inquiry that is contemplated by the further proviso is not to justify issuance of notice but for establishment of the grounds to enable the concerned to record a finding as to whether the revocation could be visited or not. When that inquiry is contemplated by the second proviso and an inquiry has to be held, only if the Commissioner is satisfied that the grounds cannot be established without such inquiry, then, he may hold an inquiry and in the meanwhile, he has discretion to suspend the registration of the authorised courier. We find that the allegations in the show cause notice are indeed serious. If the Commissioner is to be prima fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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