BARUA & CHOWDHURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order suspending the licence under sub-regulation (1) of Regulation 19 is assailed in this writ petition. Apart from the same the petitioner has also challenged the vires of sub-regulation (2) of Regulation 19 as unconstitutional being opposed to the fundamental principles of natural justice. The order of suspension which runs into several pages reveals that Red Sanders, which is a prohibited goods was attempted to be exported to United Arab Emirates in the guise of High Alumina Refractories Fire Bricks. The said order further contains the violation of various regulations of Customs Brokers Licensing Regulation, 2013 and for such reason the authority arrived at the opinion that the licence of the petitioner should be suspended with immediate effect. Mr. Kishore Dutta, learned senior counsel for the petitioner vehemently submits that sub-regulation (1) of Regulation 19 of the said regulation provides a recording of the reasonable satisfaction where immediate action is necessary and not providing the reason shall entail the order of suspension liable to be quashed and set aside. He further submits that suspension order can only be passed when the enquiry is pending or contemplated and submits that since the enquiry has ended, the order of suspension cannot be continued. In other words what he tried to submit is that the order of suspension cannot continue for indefinite period. He arduously submits that order of suspension passed by the authority with immediate effect without affording an opportunity of hearing is legal, invalid and opposed to the principles of natural justice as held by the Coordinate Bench in case of Hindustan Shipping Agency v. Union of India,2009 2 CalLJ 241.

(2.) By relying upon a judgment rendered in case of N.C. Singha, Sons v. Union of India, 1998 104 ELT 11. Mr. Dutta submits that in absence of recording the circumstances warranting the suspension with immediate effect, the order of suspension cannot be sustained.

(3.) The licence can be suspended under Regulation 19 of the Customs Brokers Licensing Regulations, 2013. Sub-regulation (1) of the said Regulation commence with non obstante clause and empowers the Commissioner of Customs to suspend the objection of Customs Broker where immediate action is necessary provided an enquiry against such agent is pending or contemplated.