9911796707
TMI Blog1999 (1) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... u Jha has been looking after the business of the petitioner, which belongs to his father, Shashi Deo Jha who has affirmed the petition. As against Sanjib allegations are made in the impugned Memorandum that he was involved in an import scam worth several crores of rupees with one More group of companies, that he was also involved in the case of import of some pure vitamins in 1998, that he was further involved with some case involving Bombay Handlooms in 1997; and that he has been found to be involved with an importer in two cases leading to the evasion of duty over Rs. 45,00,000/- 4.Mr. Banerjee submitted that so far as the vitamins export case and the Bombay Handlooms case are concerned Sanjib Jha has been exonerated and charges have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether within the jurisdiction of the said Commissioner or anywhere else which in the opinion of the Commissioner renders him unfit to transact any business in the Customs Station. (2) Notwithstanding anything contained in sub-regulation (1), the Commissioner may, in appropriate cases, where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such agent is pending or contemplated. 23. Procedure for suspending or revoking licence under Regulation 21. The Commissioner shall issue- (1) a notice in writing to the Custom House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said agent to submit within such time as may be specified in the notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition is singularly and most unsatisfactorily silent on the all important point of the main enquiry being contemplated against a clearing agent, before the power to suspend the agent's licence can be exercised. It was a difficult decision whether or not to quash the Memorandum of suspension here and now permanently, as nearly five months have elapsed after exercise of the summary power of revocation without anything being done about putting the main enquiry afoot. 11.It is also important to take into account subsequent events the most important of which is the dropping of two items of charge in regard to Sanjib Jha; also the lapse of five months without initiation of the enquiry is equally important. 12.In these circumstances, a just re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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