Tribunal overturns suspension order exceeding prescribed timeframe

The Tribunal set aside the order of continuation of suspension of the CB Licence, citing the absence of legal authority for indefinite suspension beyond the prescribed 9-month period for completing enquiry proceedings under the CBLR, 2013. The appeal was allowed, emphasizing that exceeding the designated timeframe renders the suspension unsustainable.

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Issues: Appeal against the order of continuation of suspension of CB Licence under CBLR, 2013.

Analysis:
The appellant's CB Licence was suspended due to alleged illegal import of cigarettes, with charges of violating CBLR, 2013. The Commissioner initiated proceedings based on an offence report from DRI, leading to the suspension of the licence. The appeal challenged the continuation of the suspension order. The Tribunal noted that the enquiry proceedings should be completed within 9 months as per CBLR, 2013. However, in this case, over 14 months had passed without conclusion. Since there was no provision for extending the timeline, the Commissioner had no legal right to keep the licence suspended indefinitely. Citing relevant case laws, the Tribunal emphasized that if proceedings exceed the prescribed 9-month period, the suspension of the CB Licence cannot be sustained. Therefore, the impugned order was set aside, and the appeal was allowed.

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