Custom House Agent licence suspension requires immediate necessity and due process; summary suspension without safeguards is without jurisdiction.

Summary of the licensing framework under the Custom House Agents Licensing Regulations, 1984, a summary suspension under Regulation 21(2) is permissible only in appropriate cases where immediate action is necessary and an inquiry is pending or contemplated. Where the record does not show such urgency, and the alleged irregularities are addressed after delay, suspension or revocation must proceed under Regulation 23 with notice, opportunity of defence, inquiry, report and representation. The article states that failure to follow those safeguards makes reliance on Regulation 21(2) without jurisdiction, while leaving authorities free to proceed under Regulation 23.

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Issues: Whether the suspension of the Custom House Agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was valid in the absence of an immediate necessity and without following the procedure prescribed under Regulation 23.

Analysis: Regulation 21(2) permits summary suspension only in appropriate cases where immediate action is necessary and an enquiry is pending or contemplated. The record did not show any consideration of such immediate necessity, and the suspension was ordered after a long lapse of time from the alleged irregularities. In normal circumstances, suspension or revocation had to proceed under Regulation 23, which prescribes notice, opportunity of defence, inquiry, report, and representation before final orders. Since those safeguards were not followed, the invocation of Regulation 21(2) was without jurisdiction.

Conclusion: The suspension order was invalid and was set aside, while leaving it open to the authorities to proceed in accordance with Regulation 23.

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