ASHIANA CARGO SERVICES Vs. CCE

JUDGEMENT

(1.) THIS appeal is directed against the order -in -original dated 21st April, 2005 wherein the CHA Licence was suspended under Regulation 20 of CHA Licencing Regulations, 2004.

(2.) THE brief facts that arise for consideration are : The appellants are holding CHA Licence No. 11/97 issued to them under CHA Licence Regulation. The appellants herein procured G -Card in the name of two persons. These persons were found to be utilizing the said G -Card fraudulently to export prohibited narcotic drugs in connivance with M/s V.K. International Pvt. Ltd. This was detected by the Special Intelligence and Investigation Branch of the Customs Department. Accordingly, a show cause notice for suspension of his Licence under Regulation 20 of CHA Licencing Regulations, 2004 was issued. The adjudicating authority after granting personal hearing came to the conclusion that CHA Licence has to be suspended as per the provisions of Regulation 20(2) of CHA Licencing Regulations, 2004 and suspended the Licence and directed the CHA to surrender all CHA/G/H/helper Cards to the Department. The CHA immediately surrendered all the cards.

(3.) THE learned advocate appearing for the appellants submits that the CHA Licence was suspended on 21.04.2005 and till date no inquiry officer is appointed as provided under Regulation 22 of the CHA Licencing Regulations, 2004. Since the CHA is out of business for almost nine months, his livelihood and his employees livelihood is at stake. He pleads for leniency and seeks for allowing the appeal and reinstating the licence to the CHA. He relies upon the case law of Smita International v. Commissioner of Customs (Gen.). Mumbai .