RAJENDRA PUROHIT Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition is to the order of the respondent no.2 dated 1st June 2011 whereby, it has prohibited the petitioner from working as CHA agent at Pipavav Port. Following are the brief facts of the present petition preferred under Articles 226 & 227 of the Constitution of India.

(2.) Petitioner is a registered Customs House Agent to work as Customs House Act ["CHA" for short] at Customs House, Kandla & Mundra under regulation 9(2) of the Customs House Agent Licensing Regulations, 2004 [to be hereinafter referred as, "the regulations"]; on the basis of license granted by the parent CHA, being the Commissioner of Customs, Jaipur.

(3.) Pursuant to some DRI investigations on various parties; including one Messrs. Dadi Impex Private Limited, Mumbai an Exporter, who was allegedly found in attempting illegal exportation of Muriate of Potash [MOP], which is a restricted commodity for export in terms of Foreign Trade Policy 2009-2014, in the guise of free flow salt. On seizure of such consignments, a show cause notice was issued on several parties; including the present petitioner, for attempting to illegally export the restricted commodity. It had been alleged, in the said notice, that two of the employees of the present petitioner [a partnership firm] were allegedly involved in illegally exporting MOP and in purported exercise of power under Regulation 21 of the Regulations, the Commissioner of Customs, Kandla has prohibited the petitioner to transact its business as Custom House Agent at Kandla and MP & SEZ, Mundra with immediate effect, with a further direction to immediately surrender all cards issued to the CHA, their Directors, employees, etc., to the CHA Section of the Custom House, Kandla.