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TMI Blog2016 (4) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... ning renewal of the licence which expired by efflux of time. Thus when the licence was suspended on 29th February, 2008, it was still in force. If the enquiry was continuing and the period of the licence expired allegedly by efflux of time during such enquiry, then, there is no explanation forthcoming as to why the licence came to be renewed. Once the facts are so glaring, the lapse on the part of the appellant was serious and it actively associated itself with smuggling of the red sanders, then, all the more the Tribunal should have considered this aspect a little more carefully. By perusal of enquiry report it is found that besides reproduction of the charge and version of the Presenting Officer and some statements of witnesses, the Enquiry Officer has not come to any independent conclusion as to how the charge stands proved. Therefore, the charge of appellant is accepted at best that he could be held to be guilty of this charge and for the same the penalty that he has suffered of loss of licence as a Customs House Agent from 28th March, 2013, till today should be sufficient. Further, the forfeiture of security deposit in addition can also be ordered. - Decided partly in favo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant in having not met the exporter and the export documents were received from one Baburao K. Chinta of M/s. Max Shipping Services, a freight forwarder, who had signed the documents on behalf of the exporter M/s. Angel Impex. The export firm was found to be fictitious. That is how the Customs proceeded against the appellant for contravention of Regulations 13(a), 13(d) and 13(e) of the Customs House Agents Licencing Regulations, 2004 (for short the Regulations ). 5. Initially there was a suspension of this licence, but it is common ground that this suspension order was set aside by the Tribunal on 29th February, 2008. 6. Thus, the licence stood restored after the suspension was set aside following the Tribunal's order, but there is no explanation forthcoming as to why when the enquiry proceedings commenced on 19th November, 2008, but the report of such enquiry was not submitted till 4th January, 2013, by the Enquiry Officer, namely, the Assistant Commissioner of Customs, National Academy of Customs, Excise and Narcotics, Western Region, Bhandup, Mumbai. None pulled up this Enquiry Officer for this serious lapse and the Commissioner of Customs to whom the enquiry rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant, save and except the noticed one. 10. Mr. Shah would submit that there is no question of the Commissioner, who is a Disciplinary Authority, allegedly complying with the principles of natural justice and condoning serious defect in the enquiry. Such a defect of non-compliance with the principles of natural justice at the stage of enquiry goes to the root of the matter and the enquiry proceedings should fall to the ground. They must, therefore, be set aside. 11. Mr. Bharti on the other hand would submit that the charges are indeed serious. Red sanders is not an item which is permitted to be exported out of India. It is extremely valuable and smuggling of red sanders is a rampant act. The enquiry proceedings could not conclude expeditiously on account of the administrative and other difficulties of the Enquiry Officer. Hence it cannot be said that the principles of natural justice are violated or that the resultant prejudice is such that the enquiry proceedings must fall to the ground. In such circumstances, Mr. Bharti would submit that the appeal be dismissed. 12. With the assistance of both advocates, we have perused the order passed by the Tribunal and all other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant was renewed when it expired by efflux of time. Thus, the Tribunal should have noted that if the penalty is imposed on 28th March, 2013, from 29th November, 2008 to 28th March, 2013, the petitioner was merrily carrying on the business as a Customs House Agent and was also obtaining renewal of the licence which expired by efflux of time. Mr. Bharti does not dispute that such a licence is issued initially for a period of five years and renewable by efflux of time. Thus when the licence was suspended on 29th February, 2008, it was still in force. If the enquiry was continuing and the period of the licence expired allegedly by efflux of time during such enquiry, then, there is no explanation forthcoming as to why the licence came to be renewed. Once the facts are so glaring, the lapse on the part of the appellant was serious and it actively associated itself with smuggling of the red sanders, then, all the more the Tribunal should have considered this aspect a little more carefully. We have also perused the enquiry report and we find besides reproduction of the charge and version of the Presenting Officer and some statements of witnesses, the Enquiry Officer has not come to any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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