KAMAL KUMAR AGARWAL Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) By this writ application the petitioners who had hitherto been recently a Custom House Clearing Agent, have impugned an interim order of suspension dated 31-3-04, purported to have been passed under new Regulation 20 Clause 2 of the Customs House Agent Licensing Regulation, 2004 which has come into force on 23-2-04. This impugned order owes origin to an incident took place in the year 2000. The petitioners cleared certain imported goods on behalf of their client as a duty free goods and on production of the advance licence. Later on it was found and further alleged that this licence was forged as the importer was not in existence. The Revenue Intelligence Department as well as the CBI took up investigation and they have found prima facie some materials, for which action has been taken under the regular Criminal Law as well as the Revenue Law.

(2.) It appears that on detection of the fraud and forgery and consequently the evasion of customs and other duties, the petitioners being agent paid the entire duty which would have been payable but for this advance licence. But then the petitioners have not been spared by the Revenue Department and he has been served with the show cause notice under Section 124 of the Customs Act in the month of March, 2003.

(3.) Perhaps in sequel to the aforesaid action under the regulatory measure the petitioners have sought to be brought to book and that is why it is said a proceeding is contemplated for passing appropriate order disciplining the petitioners as an agent for not discharging their duty, in violation of the various provisions of the Regulation, 2004.