CAPPITHAN AGENCIES Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This Writ Petition is filed to issue a Writ of Certiorari, calling for the records relating to the Order In Original No.38294/2015, dated 29.05.2015 passed by the Respondent and to quash the same.

(2.) The case of the Petitioner is that the Petitioner Company is a licensed customs broker, bearing license No.102 issued by Cochin Customs Commissionerate under the Regulation 9(1) of the Customs House Agents Licensing Regulation, 2005. The Petitioner had acted as a customs house agent for various importers. During the year 2012-2013, on investigation the Department alleged that one Company by name, M/s.Antonie and Becouerel Organic Chemical Company had cleared raw materials used to manufacture drugs and pharmaceuticals without import licence issued under the Drugs and Cosmetics Act, 1940 and without Assistant Drug Controller's clearance. The Respondent, vide order dated 12.7.2013 prohibited the Petitioner from working as a Customs House Agent, in terms of Regulation 21 and hence, the Petitioner filed WP.No.19670/2013, wherein this court by order dated 24.9.2013, directed the Respondent to dispose of the representation of the Petitioner. Accordingly, the Respondent after considering the representation of the Petitioner, passed an Order in Original No.22447/2013, dated 12.11.2013, continuing the prohibition order and stated that further decision in the matter will be taken after completion of the enquiry proceedings by the Cochin Customs and as against the same the Petitioner filed an appeal in C.40192/2014-DB before the Tribunal. In the meantime, the Commissioner of Customs, Cochin had passed an order in original dated 7.4.2014 imposing penalty of R.10,000/- on the Petitioner Company and thereafter, the Tribunal after considering the said order dated 7.4.2014, passed final order in No.40781/2014 dated 15.10.2014, directing the Respondent to pass necessary orders. On repeated reminders from the Petitioner, the Respondent passed the impugned order dated 29.5.2015, continuing the prohibition order. Hence, this Writ Petition has been filed.

(3.) The Respondent filed a counter affidavit, wherein it is averred as follows:-