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TMI Blog2004 (7) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner confirming his earlier order of suspension of CHA licence. One of the miscellaneous applications is for early disposal of the appeals and two other applications are for stay of operation of the aforesaid orders. After examining the records and hearing both sides, we allow the "early hearing application" and take up the appeals for final disposal. As we are disposing of the appeals finally at this stage, the stay applications are infructuous. 2. The aforesaid orders of the Commissioner have been passed under Regulation 21(2) of the CHA Licensing Regulations, 1984. The suspension of licence is based on a finding that the CHA violated various provisions of Regulation No. 14. This finding is based on the following facts: The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordance with law and a fresh Bill of Entry was subsequently filed, which was also in accordance with law. Ld. Counsel further points out that the finding of violation of Regulation No. 14 is not well-founded inasmuch as the impugned orders have not found any illegality or irregularity in relation to clearance of the subject goods. Ld. DR opposes these arguments on the strength of the findings recorded by the Commissioner. 4. We have examined the submissions. One charge against the appellants, in relation to the clearance of the goods in question, is that they had filed the Bills of Entry and taken steps in follow-up thereof without authorisation. This charge is in terms of Clause (a) of Regulation No. 14. We find that both the Bills of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Counsel is that the suspension order passed in March, 2004 by the Commissioner under Regulation 21(2) in relation to the clearance of goods effected in January 2004 does not reflect any urgency. Had there been any urgency of taking action against the CHA, it would have been done shortly after the clearance of the goods. The Counsel has further submitted that, so far, there has been no inquiry against them under Regulation 23. Even any show cause notice is yet to be issued to them. 5. In the light of our findings already recorded, we set aside the impugned orders and allow these appeals. It is, however, made clear that this order will not stand in the way of any inquiry proceedings already commenced against the appellants under Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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