INTERNATIONAL SHIPPING AGENCY Vs. COMMR. OF CUS. (GENERAL)

JUDGEMENT

(1.) AFTER hearing both sides in this matter of Early Hearing and stay and the appeal against suspension of a license issued under Customs House Agent Licensing Regulations. The matter is taken up for disposal after considering the submissions made. The following order is passed in the appeal.

(2.) THE Commissioner's Order No. 1/2006, dated 6 -1 -2006 reads as under :

(3.) THIS order of suspension of the CHA License No. 11/1107 invoking the powers under Regulation 20(2) of CHALR 2004, on perusal, does not reveal what was the immediate provocation for suspension order to be issued on 6 -1 -06 except that an inquiry was contemplated under the CHALR Regulations. The order is submitted by the Id. Advocate, for the applicants, to the devoid of any reasons and cryptic, we find that these submissions are acceptable to be facts, after perusal of the order. The Id. DR on the other hand submits that serious regulatory has been committed, by the said CHALR inasmuch as the imports attended by him, in September, 05, have not been advised or assigned by the importers to this CHA, the Id. DR submits that the signatures and other details filed on the BE's and that the same are false to the knowledge of the CHA. He submits that the immediate suspension in such matter of irregularities amounting to Criminal offences besides violations of the provisions of Customs Act should call for suspension. He also submits that the detailed report about the conduct of the CHA was received by the Customs House vide letter dated 15 -12 -05 from the DRI. On a question from the bench as to why it took 21 days for the Commissioner to effect the order of suspension, his submission was, engaged with processing time. While we agree with the Id. DR that immediate suspension should be called for of the CHA licence pending the inquiry in deserving cases. However when we find that reasons for delay in effecting suspension from the date of the alleged violation or its detection/knowledge has to be explained satisfactorily. Absence of reasons and tardy attitude will be fatal to an order of suspension. The reliance of the Id. Advocate on various decisions