Customs Broker licence renewal can be refused for suppressing pending criminal prosecution and making a false declaration.

Renewal of a Customs Broker licence depends on compliance with the renewal conditions, including a declaration that no criminal or judicial proceeding is pending and that the licencee's performance is satisfactory. Where the applicant stated that no such case was pending, but an admitted criminal prosecution remained undisclosed, the omission was treated as suppression of material information and a false declaration. An explanation that the disclosure was confined to cases pending in Bengaluru was rejected because the renewal obligation was not geographically limited. On that basis, refusal to renew the licence was justified.

---

---

Issues: Whether renewal of a Customs Broker licence could be refused on the ground that the applicant suppressed the pendency of a criminal prosecution and made a false declaration under the renewal conditions.

Analysis: Regulation 5(d) of the Customs Brokers Licensing Regulations, 2013 required the applicant to satisfy the Commissioner that no criminal proceeding was pending against him in any court of law. Regulation 9(2) permitted renewal only where the licencee's performance was satisfactory, including absence of misconduct complaints. The renewal application and the Public Notice required a declaration that no judicial or quasi-judicial case was pending. The declaration made by the respondent stated that no such case was pending, yet a criminal prosecution was admittedly pending and was not disclosed. The explanation that the declaration referred only to cases pending in Bengaluru was rejected, as the disclosure obligation was not so restricted. The non-disclosure amounted to suppression of material information and falsehood in the renewal process, which justified refusal of renewal.

Conclusion: Renewal of the licence was not justified and the refusal to renew was valid.

---