RAKESH KAPOOR CARGO HELPERS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) M /s. Rakesh Kapoor Cargo Helpers are challenging the suspension of Customs House Agent Licence by the Commissioner of Customs, under the impugned order.

(2.) SHRI J.P. Kaushik, learned Advocate, submitted that his licence has been suspended by the Commissioner on the ground that one Binoda Nand Jha, authorised representative (G. Cardholder) of the Appellant had attempted to get an import consignment cleared on the basis of forged signatures of Customs Officers on the out of charge gate pass without physically getting the goods examined by the Customs Officer with the help of one Shri Manikant another 'G' Cardholder of M/s. Travel Planner; that the entire activity of Jha was not in the knowledge of the Appellant as the papers were never received by the Appellant firm for Customs clearance; that no person of importing firm had contacted the Appellant for the clearance of the import consignment. He, further, submitted that show cause notice dated 19 -5 -2003 has been issued by the Assistant Commissioner of Customs under the provisions of Customs Act to Shri B.N. Jha along with the importer M/s. Sameera Apparels; that no show cause notice under the Customs Act has been issued to the Appellant which goes to show that there is nothing against him warranting suspension of his C.H.A. Licence; that the allegation contained in show cause notice clearly mentions that it was Shri Jha who engaged the services of Shri Manikant illegally by paying him Rs. 8,000/ - to get the impugned goods cleared out of Customs without examination. He finally submitted that Jha had not mentioned that the handling of the documents was being done on behalf of the Appellant; that moreover not even once any enquiry has been caused at his end; that he has terminated the service of said Jha and had sent an intimation to the Customs Department under letter dated 20 -12 -2002. He also relied upon the following decisions -

(3.) COUNTERING the arguments, Shri O.P. Arora, learned Senior Departmental Representative, submitted that Regulation 21 of the Customs House Agents Licensing Regulations, 1984, empowers the Commissioner to suspend the licence for any misconduct on the part of the Customs House Agent; that Shri Jha, as employee of the Appellant, has indulged in the mis -conduct and as such his licences has been correctly suspended. He also mentioned that as soon as the investigation in the matter is over, enquiry can be initiated.