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TMI Blog2020 (2) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... under Regulation 20(7) of the Customs Brokers Licencing Regulations, 2013 (in short CBLR), revoking the licence issued to the petitioner with immediate effect, imposing a penalty of Rs. 50,000/- under Regulation 18 of CBLR, 2013 without forfeiture of security and calling for the surrender of various cards issued to the employees forthwith. 3.The facts, briefly stated to the extent to which they are relevant to this writ petition are as follows: Intelligence appears to have been gathered by the Special Intelligence and Investigation Branch (SIIB) of the Customs Department regarding alleged misuse of Notification Nos.46/2011 and 69/2011 dated 01.06.2011 and 29.07.2011 by several importers in the import of goods falling under Chapter-72 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e report' for the purpose of Regulation 20(1) of the Regulation. 7.This question has been considered by a learned Single Judge of this Court in A.M.Ahamed & Co. vs. Commissioner of Customs (Imports), Chennai (309 E.L.T. 433) wherein, in very similar circumstances, this Court states as follows: '18.The above regulation has only 3 ingredients namely (i) failure to comply with the bond conditions, (ii) failure to comply with the regulations and (iii) a misconduct, for any of which, the licence can be revoked. Since the above regulation does not use the expression "offence report" we have to presume that a report indicating the availability of any one of the above 3 ingredients should be construed as an offence report. Consequently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 07.2017; thus the enquiry report ought to have been furnished within 90 days from 27.07.2017 i.e. on or before 27.10.2017; however the enquiry report is dated 02.11.2017, beyond the period stipulated in Regulation 20(5). 10.Courts have consistently taken the view that the timelines set out in the CBLR are not just directory but mandatory and have to be strictly followed/ enforced. Some such decisions are: (i) Santon Shipping Services vs. The Commissioner of Customs and another (CMA.No.730 of 2016 dated 13.10.2017) (ii) Commissioner of Customs, Tuticorin vs. MKS Shipping Agencies Pvt. Ltd. (348 E.L.T. 640) (iii) Sowparnika Shipping Services vs. Commissioner of Customs, Chennai-VIII (352 E.L.T. 286) (iv) Masterstroke Freight Forwarde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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