2004 (9) TMI 704 - HC - Customs

High Court overturns warehousing license suspension due to lack of pending inquiry per Customs Act, 1962.

The High Court set aside the suspension of warehousing licenses under Section 58 of the Customs Act, 1962, as there was no pending inquiry for license ... - Issues:Challenge to the suspension of warehousing licenses under Section 58 of the Customs Act, 1962.Analysis:The petitioner, a company engaged in manufacturing synthetic yarn, had its factory at two units and held warehousing licenses for both. The Assistant Commissioner of Central Excise suspended these licenses, leading to the present writ petition. The petitioner contended that the suspension lacked jurisdiction as no inquiry for cancellation was pending under Section 58(2)(b) of the Customs Act, 1962.Section 58 of the Customs Act, 1962 empowers licensing of private warehouses by Customs officials. Subsection (2) outlines grounds for license cancellation, including contravention of laws or breach of license conditions. Subsection (3) allows suspension pending cancellation inquiry. The impugned suspension order did not indicate any ongoing inquiry for license cancellation under Section 58(2)(b). Respondents confirmed no such inquiry was initiated or pending, rendering the suspension unsustainable without a cancellation inquiry under Section 58(2)(b).Consequently, the High Court set aside the suspension order dated August 20, 2004, in favor of the petitioner. The Court clarified that the authority could take lawful action under Section 58(2)(b) in the future, allowing for a fresh suspension order under Section 58(3) if needed. The petitioner's contentions were preserved for future proceedings, with no costs awarded in the present judgment.