SINDHU CARGO SERVICES LTD Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) BY consent of both parties, the Civil Miscellaneous appeal itself is taken up for final disposal.

(2.) THIS appeal is directed against the order dated 8. 12. 2005 communicated to the appellant by proceedings dated 9. 12. 2005 made in final order No. 1539 of 2005 raising the following substantial questions of law: i) Whether the order of respondents ordering interim suspension of Custom House agency license as punishment is ultra vires regulation 20 (2) of the Customs House Agency License Regulations, 2004? ii) Whether the Tribunal is correct in confirming interim suspension of license in the absence of any immediacy for suspension as mandated in Regulation 20 (2) of the Customs House Agency License Regulations, 2004? iii) Whether the respondents are right in interposing two basic conditions of prima facie case and immediacy of action as mandated under regulation 20 (2) of the Customs House Agency License Regulations, 2004 for ordering interim suspension of Customs House Agency License while the same are independent factors? iv) Whether the Tribunal was right in upholding the interim suspension when the basic criteria for suspension as mandated under regulation 20 (2) of the Customs House Agency License Regulations, 2004 is not satisfied?

(3.) AT the risk of repetition, we extract the substantial questions of law raised by the appellant in this appeal. i) Whether the order of respondents ordering interim suspension of Custom House agency license as punishment is ultra vires regulation 20 (2) of the Customs House Agency License Regulations, 2004? ii) Whether the Tribunal is correct in confirming interim suspension of license in the absence of any immediacy for suspension as mandated in Regulation 20 (2) of the Customs House Agency License Regulations, 2004? iii) Whether the respondents are right in interposing two basic conditions of prima facie case and immediacy of action as mandated under regulation 20 (2) of the Customs House Agency License Regulations, 2004 for ordering interim suspension of Customs House Agency License while the same are independent factors? iv) Whether the Tribunal was right in upholding the interim suspension when the basic criteria for suspension as mandated under regulation 20 (2) of the Customs House Agency License Regulations, 2004 is not satisfied?