Customs House Agent licence suspension was unsustainable without proof linking alleged wrongdoing to the agents.

Suspension of a customs house agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was held premature where no independent investigation established that the alleged spurious consignments were in fact spurious or that the seized consignment had been exported through the agents. In the absence of proof linking the alleged wrongdoing to the appellants, the basis for exercising the suspension power was not made out, so the suspension was unsustainable. The Commissioner was nevertheless left free to initiate proceedings under Regulation 23.

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Issues: Whether the suspension of the customs house agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was sustainable when no investigation had been undertaken to establish a link between the alleged wrongdoing and the appellants.

Analysis: The licence was suspended on the basis that earlier consignments were allegedly exported by the appellants without specific authorisation and that those consignments were suspected to be spurious. The record disclosed no independent investigation to determine whether the past consignments were in fact spurious, and the seized consignment was not exported through the appellants. In the absence of proof connecting the alleged wrongdoing with the appellants, the basis for invoking the suspension power was not established.

Conclusion: The suspension under Regulation 21(2) was premature and unsustainable, and the appeal was allowed. The Commissioner was left free to initiate proceedings under Regulation 23 of the Custom House Agents Licensing Regulations, 1984.

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