NARESH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition seeks quashing of order dated 7 -7 -2010, Annexure P -6, passed by the Commissioner of Customs, suspending the licence of the petitioner, as Customs House is under the provisions of the Customs House Agents Licensing Regulations, 2004 (for short, "the Regulations").

(2.) ACCORDING to the allegations in the impugned order, it was found that certain prohibited goods were being exported clandestinely and the export shipping bills in respect thereof were presented by the petitioner. Shri Raman -preet Singh Bawa, an employee of the petitioner, was found to be facilitating the customs clearance of goods, who stated that he was using the name of the petitioner for Rs. 20,000/ - per month. It is further stated that further investigation was in progress and to avoid hampering investigation and to prevent the possibility of further irregularities, licence of the petitioner was required to be suspended under Regulation 20(2) of the Regulations till completion of investigation.

(3.) CONTENTION raised on behalf of the petitioner is that merely on the statement of Ramanpreet Singh Bawa, who claimed to be an employee of the petitioner but who in fact was not an employee of the petitioner, action could not be taken. In any case, remedy was available to take action under Regulation 22 of the Regulations, after prior hearing and action under Regulation 20(2) could be taken only where immediate action was necessary and where inquiry was pending. In the present case, no immediate action was required as the incident took place about three months back.