HEENA SHIPPING AGENCY Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THE first petitioner is a partnership firm, carrying on business as Customs House Agents in bombay. The second petitioner is a partner of the first petitioner-firm.

(2.) THE first petitioner-firm was granted a temporary licence under the Customs House Agents licensing Regulations, 1984 on 21st of May 1986 which was valid for a period of one year. This licence was revalidated for a further period of one year. It was to expire on 20th of May 1988.

(3.) UNDER Regulation 9 at least one of the partners of the petitioner-firm was required to qualify in the written and oral examinations to be conducted by the respondents under the said regulations within a period of two years from the date of grant of a temporary licence before they could be granted a regular licence. None of the partners of the first petitioner-firm qualified in the examination during this period. The first petitioner-firm however, had an employee who had passed this examination. This qualified employee, however, left the services of the first petitioner-firm on 20th of March 1988. As a result, the respondents issued a Circular dated 27th of April 1988, which was served on the petitioners on 3rd of May 1988, notifying for the information of all concerned, that the Custom House Agents Licence held by the petitioner-firm had been cancelled with immediate effect, as their employee who had qualified in an examination under Regulation 9 was on longer in their service and their partners had also failed to qualify in the examination. The Circular stated that the petitioner-firm shall not be allowed to transact business in the Custom Premises thereafter.