9911796707
TMI Blog2015 (10) TMI 2033X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Chakrapani Misra, Mr. Ayush Mehrotra, Mr. Vaisakh Shaji and Ms. Natasha Kachalia i/b. M/s. Khaitan and Co. For the Respondents : Mr. Pradeep S. Jetly JUDGMENT ( Per S. C. Dharmadhikari, J.) Rule. Respondents waive service. By consent, Rule made returnable forthwith. 2) We had heard both sides at length on the earlier occasion. The matter was placed today only to enable Mr. Jetly to take instructions. However, Mr. Jetly submits that the concerned officials are of the view that it would be better if the Court passes an order and with regard to the legality and validity of the suspension effected by the communication/order dated 1st October, 2015. It is in these circumstances that we are required to pass a brief order. 3) The Petitioner before us is a private limited company incorporated and registered under the Indian Companies Act, 1956. It is a subsidiary of M/s. TNT Express N V. It is claimed that this global entity operates in about 200 countries. 4) The Respondents to this Writ Petition are the Union of India and the Department of Customs and their senior officials, who are posted at the Mumbai Airport. 5) The case of the Petitioner is that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonal hearing held before Respondent No. 1, but though such personal hearing was held in August, 2015, no order was passed in pursuance of this show cause notice. 9) Now, for the subject violation and breach and of September, 2015, the impugned suspension order has been passed. That has been passed on 1st October, 2015 and according to Mr. Sancheti, the learned Senior Counsel appearing for the Petitioner, the order of suspension invokes Regulation 14 of the 1998 Regulations as amended. The Principal Commissioner states that he ordered an inquiry to determine whether the registration of the authorized courier should be revoked and if so, the ground for the same. Pending the completion of the said inquiry, the registration of the Petitioner has been suspended. 10) The only contention raised before us by Mr. Sancheti is that the order invokes Regulation 14, copy of which is at page 47 of the paper book. 11) Mr. Sancheti would submit that the power of suspension is to be exercised provided the Principal Commissioner of Customs decides to revoke the registration of an authorized courier and order forfeiture of the security on the ground inter alia of misconduct on the part of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing for the Respondents, apart from urging that there is an alternate remedy of a representation under subRegulation (2) of Regulation 14, would submit that the allegations are too serious. This is not the first time that the Petitioner is found to be actively smuggling gold in the garb of seeking clearance of consignments such as blood pressure machines and in the present case, the consignment details were not completely and properly set out. This time also an attempt was made to smuggle gold. In these circumstances, if drastic order was required to be passed to stop the incidents of this nature, then, the discretion exercised cannot be termed as arbitrary or unreasonable much less capricious, calling for intervention in Writ Jurisdiction. Now, the Principal Commissioner will hold the requisite inquiry and take a final decision within the period stipulated by this Court. For these reasons, the Petition should be dismissed. 13) We are concerned with Regulation 14 of Courier Imports and Exports (Clearance) Regulations, 1998 . Regulation 14 reads as under: 14. Deregistration. ( 1) The Commissioner of Customs may revoke the registration of an Authorised Courier and also ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng and a further opportunity of being heard in the matter, if so desired. The second proviso, which follows the first proviso states that if the Principal Commissioner of Customs or the Commissioner, as the case may be, considers that any of such grounds against an authorised courier shall not be established prima facie without an inquiry in the matter, he may conduct the inquiry to determine the ground and in the meanwhile pending the completion of such inquiry, may suspend the registration of the authorised courier. If the ground is not established, the suspension shall stand set aside and the registration restored. 15) In the present case, on the own showing of the Respondents, for the second incident of smuggling of gold and allegedly on 8th September, 2015, there is no show cause notice or notice proposing revocation within the meaning of Regulation 14. The first proviso, thus, is not complied with. There is thus no communication informing the ground on which it is proposed to revoke the registration. Rather, there is no proposal presently to revoke the registration. Without any such proposal before the Commissioner nor he directing issuance of any notice within the meaning ..... X X X X Extracts X X X X X X X X Extracts X X X X
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