Customs House Agent licence suspension requires urgent necessity and notice compliance; extraordinary power cannot be used routinely.

Suspension of a Customs House Agent licence under Regulation 21(2) is permissible only as an exceptional, urgent measure and must be supported by material showing an emergent need; here, the order was issued without notice and without compliance with the prescribed procedure. The absence of any basis for dispensing with notice meant the power was exercised outside its proper scope and in breach of natural justice. The suspension was therefore not sustainable and was set aside.

---

---

Issues: Whether the suspension of the Customs House Agent licence under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 was sustainable in the absence of an emergent situation and compliance with the prescribed procedure.

Analysis: The order of suspension was passed without issuing notice or following the procedure contemplated for suspension of a Customs House Agent licence. The power under Regulation 21(2) is an exceptional power meant for immediate action in an emergent case, and its exercise must be justified by material showing urgency. The impugned order did not disclose any basis for invoking that extraordinary power, nor did it show that the case was one where dispensation of notice was warranted. The order was therefore found to be in breach of natural justice and outside the proper scope of the regulation.

Conclusion: The suspension of the licence was not sustainable and was set aside.

---