Immediate suspension of customs house agent licence requires disclosed allegations and urgent necessity; non-speaking order set aside.

Immediate suspension of a customs house agent licence under Regulation 21(2) is justified only in exceptional cases demanding urgent action, and the order must disclose the basic facts and allegations supporting that necessity. Where the record showed uncertainty about the person's role, no clear basis for the alleged misdeclaration, and no instituted proceedings under the Customs Act, 1962, the suspension was treated as premature and non-speaking. The suspension order was therefore unsustainable 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 when the order did not set out the gist of the allegations and the proceedings showed no instituted action under the Customs Act, 1962.

Analysis: Regulation 21(2) permits immediate suspension only in exceptional cases requiring urgent action. For such an to stand, the order must disclose the basic facts and allegations showing why immediate suspension was necessary. The record showed uncertainty as to the role of the person concerned, lack of clarity about the alleged misdeclaration, and no instituted proceedings under the Customs Act, 1962. In that setting, the suspension order did not furnish adequate reasons and was treated as premature and non-speaking.

Conclusion: The suspension order under Regulation 21(2) could not be sustained and was rightly set aside in favour of the appellant.

---