Strict inquiry timelines under Customs Brokers Licensing Regulations can vitiate licence revocation and security deposit forfeiture.

In proceedings under the Customs Brokers Licensing Regulations, 2013, the prescribed time-frame for completing the inquiry was treated as an essential condition for valid disciplinary action. Where the inquiry was concluded well beyond the stipulated period, the delay was held to be inordinate and to undermine the legality and sanctity of the process. On that basis, the revocation of the customs broker licence and forfeiture of the security deposit were found to be contrary to the Regulations.

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Issues: Whether inordinate delay in completing inquiry proceedings under the Customs Brokers Licensing Regulations, 2013 vitiated the revocation of the customs broker licence and forfeiture of the security deposit.

Analysis: The time-frame prescribed in the Regulations was treated as an essential condition for the legality and sanctity of the proceedings. The inquiry was completed far beyond the stipulated period, and the delay was found to be inordinate. Following earlier Tribunal precedent on compliance with the prescribed timelines, the delay was held to undermine the validity of the disciplinary action.

Conclusion: The delay vitiated the proceedings, and the revocation of the licence and forfeiture of the security deposit were held to be contrary to the Regulations.

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