Suspension of CHA licence justified where firm reconstitution deed was seriously disputed and under investigation.

Suspension of a Customs House Agent licence was upheld where the firm's reconstitution rested on a partnership deed that was seriously disputed by outgoing partners and was also under criminal investigation. The doubtful status of the foundational document meant the reconstitution was not free from challenge, and continued customs operations were considered unsafe until the dispute was resolved. On that basis, suspension under the licensing regulations was treated as justified pending inquiry, and the challenge to the suspension failed.

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Issues: Whether suspension of the CHA licence under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 was justified on the ground that the reconstitution of the partnership firm was disputed as forged.

Analysis: The licence had been suspended because the firm's reconstitution was founded on a partnership deed that was under serious challenge by the outgoing partners and was also the subject of criminal investigation. In these circumstances, the document supporting reconstitution was not free from doubt, and the continued conduct of customs business by the CHA was considered unsafe pending resolution of the dispute.

Conclusion: The suspension of the CHA licence was upheld and the challenge to the suspension failed.

Final Conclusion: The order sustaining suspension of the CHA licence was affirmed, leaving the appellant without relief.

Ratio Decidendi: Where the foundational document supporting reconstitution of a CHA firm is under a bona fide challenge and appears doubtful, suspension of the licence pending inquiry is justified under the licensing regulations.

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