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TMI Blog2013 (9) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... nder clause (7) of Regulation 22 of CHALR is required to be completed within 180 days i.e. maximum six months. In the facts of the present case, we are informed that enquiry has been going on for much longer. Therefore, respondent is required to complete the enquiry at the earliest. The learned Counsel for the appellant assures us that it will co-operate with the Customs Authority for completing the enquiry pending before the Enquiry Officer and that, if required, will also submit its representation on the Enquiry Officer’s report to the Commissioner of Customs i.e. the Licensing Authority within one week of its receipt. - Customs Appeal No. 14 of 2013 - - - Dated:- 4-9-2013 - Mohit S. Shah, C.J. and M.S. Sanklecha, J. Shri Vikra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to take a decision to suspend the CHA licence within fifteen days from the date of receipt of the report of the Investigating Authority, who in turn is required to submit his report within thirty days of the detection of an offence. This suspension by the Licensing Authority is to be followed by a post decisional hearing followed by an appeallable order. In this case, it is the appellant s case that investigation commenced in October, 2010 while the report of the Investigating Officer was submitted to the Licensing Authority only in June, 2012. This according to the appellant is contrary to the C.B.E. C. Circular 9/2010, dated 8 April, 2010 and therefore, the order passed under Regulation 20 of the CHALR is bad in law. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer. 6. In other words, Regulation 22 of CHALR contemplates that entire enquiry from the date of issuing of notice under clause (1) of Regulation 22 of CHALR till the date of the decision of the Commissioner of Customs under clause (7) of Regulation 22 of CHALR is required to be completed within 180 days i.e. maximum six months. In the facts of the present case, we are informed that enquiry has been going on for much longer. Therefore, respondent is required to complete the enquiry at the earliest. 7. It is thus clear that Regulation 22 of CHALR requires that the enquiry to be completed by the Enquiry Officer under Clause (5) of Regulation 22 of CHALR within ninety days from the date of issuing of notice under sub-clause (1) of Regula ..... X X X X Extracts X X X X X X X X Extracts X X X X
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