PINKCITY LOGISTICS LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) These three writ petitions, filed on similar nature grievance of the respective petitioners and founded essentially on similar grounds, have been considered together; and are taken up for disposal by this common order. Put in a nut-shell, the basic common features in these petitions are that the writ-petitioners, or the firm/company represented by them, who had been granted license to function as Customs House Agent ['CHA'], have been prohibited from functioning as such, by way of similar nature orders of prohibition, issued under Regulation 21 of the Customs House Agents Licensing Regulations, 2004 ['the Regulations'/'the Regulations of 2004'], which have been framed under Section 146(2) of the Customs Act, 1962 ['the Act'/'the Act of 1962']. The petitioners submit that such prohibitory orders, which entail civil and evil consequences, have been passed in utter disregard to the principles of natural justice. Though the said Regulation 21 has also been questioned in these petitions as ultra vires but, for the Union of India having not been joined as party, the learned counsel appearing for the petitioners in CWP Nos. 7266/2013 and 7896/2013 did not press much on this issue of vires during the course of submissions. However, the learned counsel appearing in CWP No. 7345/2013 has pressed on the issue of vires too.

(2.) Looking to the subject-matter of these writ petitions and the issues raised, dilatation on all the factual aspects does not appear necessary. In brief, the background aspects, so far relevant for the present purpose; and the stand of the respective writ-petitioners could be taken note of in relation to each of these petitions as follows:

(3.) In this petition, the petitioner-company is aggrieved of the prohibition order dated 25-4-2013 (Annex. 7) issued against it in terms of Regulation 21 by the Commissionerate of Customs (Preventive), Jodhpur for the alleged contravention of the provisions of Regulation 13(d), (e) and (o) of the Regulations of 2004 following seizure of 1036 Logs of Red Sanders by the Directorate of Revenue Intelligence, Gandhidham on 1-10-2012.