P.V. SHANMUGAM Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The application for stay of operation of order of the Commissioner of Customs who has suspended the Custom House Agent's licence against the appellants herein is before us. According to the applicants, the statement of the licence holder and other persons which have been relied upon for the purpose of holding that CHA had indulged in sub -letting the above licence were recorded in October 2003 while the order of suspension is dated 9 -2 -2004 and this itself would disclose that there was no immediacy or urgency for suspension so as to bring the matter within the purview of Regulation 21(2) of CHALR 1984. He submits that the application may be allowed and applicant be permitted to work in the Custom House.

(2.) The prayer is opposed by learned DR who draws our attention to the fact that although the first statement of the licence holder was recorded in October 2003, subsequent statement was also recorded in January 2004 and immediately thereafter in the first week of February 2004 the suspension order has been passed which itself would show that the Commissioner was of the view that matter was very urgent and suspension was required so as to safeguard the interest of the revenue in not allowing the applicant to operate as CHA.

(3.) We have carefully considered the rival submissions. We also note that before us is a draft notice to be issued under Regulation 23 on proper and complete enquiry leading to possible revocation. The facts brought out from the impugned order show that prima facie immediate action was called for on the part of the department. We see no merit in the present application and accordingly dismiss the same. The regular proceedings are to be initiated and completed within a period of three months from today.