SINDHU CARGO SERVICES LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) APPEAL No. C/504/2005 is against an order of suspension of CHA licence, passed by the Commissioner of Central Excise and Customs, Coimbatore, under Regulation 20(2) of the Customs House Agents Licensing Regulations, (CHALR for short) 2004. The appellant (CHA) filed an application for early hearing of the appeal. When that application arose before the Bench, the learned SDR was directed to report as to whether any inquiry against the CHA was under way. The matter was accordingly posted to 30 -12 -2005. Subsequently, the CHA's application for stay of operation of the impugned order arose before the Bench on 5 -12 -2005 and this application was adjourned to this day. Today, the report which was called for from the SDR has come on record and a copy of the same has been served on the appellants' Counsel. Now that the report has come on record, hearing on the Early Hearing application is advanced to this day and the hearing in the stay application is also being taken up.

(2.) AFTER examining the records and hearing both sides on these two applications, I am of the view that the appeal itself requires to be finally disposed of. Accordingly, after allowing the EH application and dismissing the other application, I proceed to deal with the appeal.

(3.) LEARNED Counsel for the appellants has submitted that the suspension order was passed by the Commissioner without disclosing, in the order, the urgency for immediate action against the CHA. He has relied on the following High Court decisions, for arguing that an order of suspension of CHA licence, pending, or in contemplation of, inquiry against the CHA, can be sustained only where immediate action is shown to be necessary against the CHA.