COMMISSIONER OF CUSTOMS Vs. NATIONAL SHIPPING AGENCY

JUDGEMENT

(1.) The appeal preferred before us is in respect of the order of suspension of the CHA licence. The violation in respect of which the order of suspension was passed took place in the year 2004 in respect of an import which had taken place some time in September, 2005 and the order of suspension was dated 30-10-2006. It is not necessary to refer to subsequent acts or orders of the Tribunal.

(2.) The power of suspension is pursuant to the powers conferred under Regulation 20(2) of the CHALR, 2004. As we have noted in the earlier judgments, this is an emergent power to be used in those cases where it is required that the CHA licence be immediately suspended. The very fact that alleged violation is of the year 2005, as the import had taken place in September, 2005 and order of suspension was issued on 30-10-2006 itself would indicate that that there is no emergency which required that the licence be suspended. The tribunal has noted that it is always open to the appellants herein to take steps even after the order of the tribunal sated 11-5-2007. It appears that no show cause notice has been issued to the respondents herein, till date.

(3.) Considering the above facts, in our opinion, the question of law would not arise and consequently appeal dismissed. We make it clear that it will be open to the appellants to record independent findings irrespective of the questions noted in the order of the tribunal.