JAI INTERNATIONAL Vs. COMMISSIONER OF CUSTOMS (GENERAL)

JUDGEMENT

(1.) THE stay application filed by the Appellant (Customs House Agent) seeks stay of operation of the Commissioner's order whereby their CHA Licence was revoked under Regulation 22(7) of the Customs House Agents Licensing Regulations, 2004 (CHALR for short) and security deposit was ordered to be forfeited. As we are taking up the appeal itself for final hearing and disposal, the stay application is dismissed at the outset.

(2.) IT appears from the records that the CHA Licence was suspended under Regulation 20(2) of the CHALR on 20.3.2009 and the suspension was eventually revoked on 12.5.2009. Subsequently, after completing the procedure laid down under Regulation 22, the learned Commissioner of Customs (General) passed the impugned order on 1.11.2010. Thus, as on today, the CHA has not been able to carry on their business within the jurisdiction of the Commissioner for a period of over 7 months.

(3.) ON the basis of the above statements, which corroborated each other, it was alleged that the Appellant permitted Mr. Rakesh Mehta of M/s D.J. International to use their CHA licence for a consideration thereby violating Regulation 12 of the CHALR. This charge was found to be proved as per Inquiry Report, which was accepted by the Commissioner. The learned consultant for the Appellant submits that the aforesaid statements were not voluntary as they were coercively recorded by the investigating agency (DRI). The learned SDR has contested this claim of the Appellant by submitting that the statements were never retracted.