Immediate suspension of a Custom House Agent licence is sustainable when reasons show urgent necessity and prima facie restraint.

Immediate suspension of a Custom House Agent licence is valid under Regulation 21(2) where the order records reasons showing why urgent action is necessary and discloses a prima facie basis for interim restraint. The Commissioner's order was sustained because it set out the relevant circumstances, indicated the need for stern immediate action, and showed that enquiry was pending or contemplated. Earlier decisions were distinguished as cases where reasons or any indication of immediate necessity were absent. The challenge to suspension therefore failed, and the licence suspension was upheld pending enquiry, with post-suspension hearing to follow.

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Issues: Whether suspension of a Custom House Agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was sustainable where the Commissioner had recorded reasons showing the need for immediate action and prima facie necessity for interim suspension.

Analysis: Regulation 21(2) confers power to suspend a CHA licence in appropriate cases where immediate action is necessary and an enquiry is pending or contemplated. The decisive requirement is that the order must disclose the circumstances justifying immediate suspension and the need to prevent further action by the agent. On the facts recorded in the impugned order, the Commissioner had set out the relevant circumstances, formed a prima facie view, and indicated the need for stern immediate action. The earlier authorities relied upon by the appellant were distinguished because those cases failed for want of reasons or for absence of any indication that immediate action was considered necessary. The appellant's contention that the lapse was minor did not displace the Commissioner's discretion under the regulation.

Conclusion: The suspension order was valid and sustainable; the challenge to suspension failed.

Final Conclusion: The appeal was rejected and the interim suspension of the CHA licence was upheld, with a direction to expedite the enquiry and grant post-suspension hearing.

Ratio Decidendi: Under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984, immediate suspension of a CHA licence is permissible where the order records reasons showing why immediate action is necessary and discloses a prima facie basis for such interim restraint.

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