SCHANKAR CLEARING AND FORWARDING Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THESE matters were heard for two days, i.e., May 10, 2012 and May 11, 2012. Appeal No. 582/2011 was filed before the Tribunal challenging the order dated October 12, 2011 passed by the learned Commissioner ordering immediate suspension of the customs house agent licence of the appellant based on evidence gathered during preliminary investigation with consequence of suspension under law. Soon after passing such order, the learned authority proceeded to pass another order on January 20, 2012 confirming the above suspension till the proceedings contemplated against them under regulation 22 of the Customs House Agents Licensing Regulations are completed.

(2.) DURING pendency of Appeal No. 582/2011, against the order dated January 20, 2012, the appellant again came in appeal to the Tribunal which was registered as Appeal No. 129/2012. Prima facie, we find that Appeal No. 129/2012 is against the order of suspension absolute and calling for disposal, Appeal No. 582/2011 became in fructuous for which that is dismissed. We order accordingly.

(3.) A appellant was aggrieved by the order dated January 20, 2012 passed by the learned Commissioner of Customs without confronting the materials gathered against it. The learned advocate appearing on behalf of the appellant placing a date chart says that the learned authority went against the provisions of law appearing in regulation 20 of the Customs House Agents Licensing Regulations, 2004. According to him, the first order dated October 12, 2011 was passed in exercise of the power conferred under regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 and subsequent order dated January 20, 2012 is the outcome of the exercise of the powers under regulation 20(3) of the said Regulations.