Immediate suspension of a Custom House Agent's licence was upheld where prima facie urgency and revenue protection were shown.

Immediate suspension of a Custom House Agent's licence pending enquiry was justified where the record showed prima facie urgency, including a recent statement recorded before the impugned order. The suspension under Regulation 21(2) was treated as a protective measure, and the follow-up draft proceedings for notice under Regulation 23 indicated that a proper enquiry and possible revocation would follow. On these facts, the action was viewed as necessary to safeguard revenue interests, and the challenge to the suspension was rejected.

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Issues: Whether the suspension of the Custom House Agent's licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was justified on the ground of immediacy and urgency pending enquiry.

Analysis: The application sought stay of the suspension order on the contention that the materials relied upon were old and did not show any urgent need for suspension. The record, however, showed that a subsequent statement had been recorded shortly before the impugned order and that the suspension was followed by draft proceedings for notice under Regulation 23 for a proper enquiry leading to possible revocation. On these facts, the action taken by the department disclosed prima facie immediacy and urgency, and the suspension was viewed as necessary to protect revenue interests.

Conclusion: The challenge to the suspension was rejected and the order was sustained.

Ratio Decidendi: Where the facts disclose prima facie urgency and the need to safeguard revenue, immediate suspension of a Custom House Agent's licence pending enquiry is justified under the emergency regulatory power.

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