PRATICK KUMAR SEN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application filed by the writ petitioner challenging an order dated 21st April, 1995 passed by the Respondent No. 3 revoking .the Clearing Agency Licence issued in the name of M/s. Seaking Shipping Agency, Calcutta under Rule 21(b) and (c) read with Rule 23(7) of the Customs House Agents Licencing Regulation, 1984. The said order has been issued for violation of Rules 14, 14(d) and 20(7) of the said Regulations. The said order was passed inter alia for that the writ petitioner and his employee participated in effecting illegal import of integrated circuits, misdeclaring the same as transistors of such lower value at the Air Cargo Complex, Calcutta.

(2.) The facts of the ease are as follows:--

(3.) The Division Bench was pleased to direct to complete the proceedings within the time framed by the Division Bench. In view of that on 31st January, 1995 petitioner filed written statement in defence to Show Cause Notice dated September 27, 1994. On February 1st, 1995 petitioner requested the Enquiry Officer, being the Assistant Collector of Customs, to issue summon for cross-examination to the concerned Appraisers physically checked the said consignment and gave pass out orders. Since the time was expired, in the meantime, on February 21st, 1995 an application was filed for extension of time for submission of the Enquiry Report by a further period of four weeks. On the said application the division Bench was pleased to direct that if witnesses do not choose to appear, it will be up to the Enquiry Officer to complete the Enquiry on the materials available before him. On 21st March, 1995 the Enquiry Officer submitted his Report. The allegation of the writ petitioner that the witnesses required for cross-examination were summoned under Section 108 of the Customs Act, 1962. On April 20, 1995 the petitioner submitted his representation under Regulation 23(7) of Customs House Agents Licencing Regulations, 1984 to the Report of the Enquiry Officer. On April 21st, 1995 the Collector of Customs revoked the licence of the writ petitioner. Thereafter, on August 24th, 1995 the instant writ application was moved for this relief.