SHARP LOGISTICS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule, made returnable forthwith. By consent, the petition is taken up for final hearing. By an ex parte order dated 23rd May, 2012 the CHA licence of the petitioner was suspended under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 ('2004 Regulations' for short). Thereafter, post-decisional hearing was given to the petitioner and the suspension of the CHA licence was continued by an order dated 18th June, 2012.

(2.) On appeal filed by the petitioner, the matter was heard by a Division Bench and in view of the difference of opinion between the two members, the matter was referred to the third member. After the decision of the third member, the CESTAT by its order dated 10th July, 2012 [, : 2012 (286) E.L.T. 704 (Tri.-Mumbai)] held that since the suspension order was passed beyond the period of 15 days specified in the Regulation 20(2) of the 2004 Regulations, the impugned order cannot be sustained. Seeking implementation of the above order the present writ petition is filed.

(3.) It is not in dispute that the offence report was received by the Commissioner of Customs (General) on 25th April, 2012 and the suspension order has been passed on 23rd May, 2012 which is beyond the period of 15 days specified in the Regulation 20(2) of the 2004 Regulations. Though the counsel for the Revenue states that the Commissioner of Customs is intending to file an appeal against the order of CESTAT dated 10th July, 2012, in our opinion, once the suspension order is set aside, in the absence of any stay the petitioner is entitled to carry on the business under the CHA licence granted to the petitioner. Accordingly, we direct the Commissioner to implement the order of the Tribunal forthwith so as to enable the petitioner to carry on business under the CHA licence in question.