BLUE WORLD CARGO Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) SINCE the issue involved in this appeal lies in a short compass, with the consent of both the sides the appeal itself is taken up for final disposal as per law. Accordingly, we allow the early hearing petition.

(2.) THIS appeal has been filed by the appellants against the impugned order passed by the Commissioner of Customs vide which he has suspended their CHA Licence under the Rule 21(2) of Custom House Agents Licensing Regulations, 1984.

(3.) LD . Counsel for the appellants has contended that prima facie there is no evidence to justify that the appellants acted without the permission/authority while submitting the bills of entry, of the importers M/s. Ultra Systems and M/s. Trust Marketing, who imported the consignments in question in respect of which the misdeclaration etc. is alleged to have been made. He has also contended that Shri T.S. Bineesh Kumar was a Form H card holder, which was issued by the Customs House authorities themselves, and as such could not be said to be an unauthorised person to handle the clearance of the goods. According to the Counsel, no prima facie case of misconduct is made out against the appellants for suspending their licence especially when enquiry is as yet pending.