LAWS(MAD)-2018-9-632

MANJUNATHA CARGO PVT LTD Vs. COMMISSIONER OF CUSTOMS

Decided On September 27, 2018
Manjunatha Cargo Pvt Ltd Appellant
V/S
COMMISSIONER OF CUSTOMS Respondents

JUDGEMENT

(1.) The petitioner is aggrieved against the order of the respondent dated 09.02.2018, prohibiting the operation of the petitioner as Customs House Agent working in any Sections of the Customs Commissionerate and Customs Stations under the jurisdiction of Chennai, Customs Zone, with immediate effect. The impugned proceedings was issued by invoking power under the Regulation of 23 of Customs Broker Licensing Regulation, 2013.

(2.) Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent.

(3.) The challenge made against the impugned order is mainly on the ground of violation of principles of natural justice. According to the petitioner, the respondent is not entitled to pass the impugned prohibition order without affording an opportunity of hearing to the petitioner by putting them on notice. In support of such contention a Division Bench decision of this Court made in Writ Appeal (MD) No.359 of 2016 dated 002016, (Commissioner of Customs, Thoothukudi v. Daniel and Samuel Logistics P.Ltd., (2016) 336 ELT 437) is relied on.