SABIN LOGISTICS PVT LTD Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The petitioner, a Customs Broker, who had been granted a licence under the provisions of the Customs Brokers Licensing Regulations, 2013 (hereinafter referred to as "the CBLR"), has filed this writ petition challenging an order passed by the respondent under Regulation 19(2) of the CBLR continuing the order of suspension passed vide order dated 14.03.2018 until further orders.

(2.) Ms.V.Pramila, learned counsel appearing for the petitioner contended that the impugned order is liable to be set aside on several grounds and the grounds touching upon the jurisdiction for invoking the power under Regulation 19(1) of the CBLR are the main grounds on which the impugned order has been challenged. It is submitted that Regulation 19(1) of the CBLR confers power on the Commissioner to order suspension of a licence, where immediate action is necessary and where an enquiry against such broker is pending or contemplated. It is submitted that the case on hand would clearly show that the allegation of misdeclaration was noticed by the Department on 01.03.2017 whereas the order of immediate suspension was passed on 14.03.2018, after one year, after the alleged misdeclaration was detected.

(3.) Further, it is submitted that in terms of Regulation 19(1) of the CBLR, the petitioner is entitled to submit their objections in continuance of the order of suspension, wherein several contentions were raised by the petitioner vide their reply dated 27.03.2018, and reiterated that in the personal hearing, on the very same day, in spite of having placed all materials, the respondent passed the impugned order continuing the suspension, which is a verbatim reproduction of the earlier order dated 14.03.2018. In support of her contention, the learned counsel placed reliance on the decision in the case of East West Freight Carriers (P) Ltd. vs. Collector of Customs, Madras, 1995 77 ELT 79 (Mad.) and the decision of the Division Bench of the High Court of Bombay in Babaji Shivram Clearing & Carriers Pvt. Ltd. vs. Union of India, 2011 269 ELT 222 (Bom.).