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Issues: Whether the suspension of the Customs House Agent licence under Regulation 20(2) of the Customs House Agents Licensing Regulations, 1984 was valid when the order did not disclose why immediate action was necessary and whether Regulation 13(e) could justify suspension on the facts.
Analysis: Regulation 20(2) permits suspension of a Customs House Agent licence only in appropriate cases where immediate action is necessary and an enquiry is pending or contemplated. The suspension order must itself disclose the circumstances showing urgency and application of mind. The order in question merely stated that suspension was in the public interest and did not set out reasons establishing immediate necessity. The record also did not show that the case fell within the limited scope of Regulation 13(e) so as to sustain the suspension on the ground of lack of due diligence. The absence of reasons and of any indication that immediate action was warranted rendered the order unsustainable.
Conclusion: The suspension order was invalid and liable to be quashed.
Final Conclusion: The appeal succeeded and the licence suspension was set aside with consequential relief.
Ratio Decidendi: A Customs House Agent licence can be suspended under Regulation 20(2) only where the suspension order itself shows that immediate action is necessary and reflects application of mind to the urgent circumstances; a bare public-interest suspension without stated reasons is bad in law.
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