SETWIN SHIPPING AGENCY Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) AFTER allowing the application for early hearing of the stay application, we take up the stay application for disposal.

(2.) THE applicant seeks stay of operation of the impugned order of suspension of CHA licence on the ground that the action was not immediate. In other words the contention of the applicant is that there was considerable time lag between the detection of the alleged offence committed by the CHA and the order of suspension of the licence issued. On noting that the enquiries against the CHA were conducted by the DRI and the fact of enquiry was communicated to the Commissioner only in July, 2003 we are of the view that prima facie it cannot be said that there has been inordinate delay in issue of the suspension order so as to justify an order of stay of operation of the suspension order. We therefore dismiss the stay application,

(3.) HOWEVER , keeping in mind the fact that livelihood of the applicant is involved, we fix the appeal itself for out of turn hearing on 14th November, 2003.