9911796707
TMI Blog2015 (7) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.No.7189 of 2015 has been filed praying for the issue a Writ of Mandamus directing the respondent, to renew the Customs Broker Licence of the petitioner based on its application dated 09/01/2015. 3. The petitioner has come forward with the present Writ Petition WP 7188 of 2015, challenging the show cause notice dated 05.03.2015 in F.No.R-46/CHA issued by the respondent, in and by which, the respondent has called upon the petitioner to show cause as to why the licence issued to the petitioner should not be revoked and the security deposited by them should not be forfeited or penalty should not be imposed upon them under Regulation 18 of Customs Brokers Licensing Regulations, 2013 , (in short CBLR, 2013 ), for their failure to comply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 31.01.2015 by this Court, directing the respondent to conduct the procedural enquiry as contemplated under the relevant rules by giving fair opportunity to the petitioner. In the meantime, it appears that the period of validity of licence of the petitioner which is of a ten year tenure, came to be expired on 24.02.2015. Consequently, the petitioner filed an application for renewal of licence on 09.01.2015, along with requisite renewal fee and connected documents. But, there was no response from the respondent. However, the petitioner had received the impugned show cause notice on 06.03.2015. Hence Writ Petition in W.P.7188 of 2015. 7. The petitioner has also come forward with another Writ Petition in W.P.No.7189 of 2015 praying for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Customs, has empowered to revoke the licence of a Customs Broker and order for forfeiture of part or whole of security, or impose penalty not exceeding Rs. 50,000/-. In order to probe into the charges levelled against the petitioner, the show cause notice dated 05.03.2015 has been issued by the respondent, by appointing an Enquiry Officer, calling upon the petitioner to file written statement of defence and objections thereof. Challenging the same, the petitioner has come forward with the present writ petitions. 11. Although, ordinarily Writ Court may not exercise its discretionary jurisdiction in entertaining the Writ Petition, questioning the notice of show cause, unless the same inter-alia appears to have been without jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icence under Regulation 20:- (1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent within ninety days from the date of receipt of offence report, stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit within thirty days to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. 14. Therefore, on a perusal of the above, it is explicit that the show cause notice under Regulation 20(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the show cause notice was not issued, within a period of 90 days from the date of receipt of the offence report, as required by Regulation 22(1) of the 2004 Regulations. 16. Having regard to the above and in view of the foregoing discussion, I am of the view that the impugned show cause notice is liable to be set aside and accordingly it is set aside. 17. In view of setting aside the impugned show case notice dated 05.03.2015, there is no impediment for the respondent to renew the Customs Broker Licence of the petitioner in terms of Regulation 9(1) of the CBLR, 2013. In the result, the Writ Petitions are allowed. The impugned show cause notice dated 05.03.2015 is hereby set aside. The respondent is directed to renew the Customs Bro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
