Customs Broker prohibition upheld pending inquiry, with liberty for a post-decisional hearing and fresh evidence.

A Customs Broker prohibition under Regulation 23 of the Customs Brokers Licensing Regulations, 2013 was not interfered with where the record showed a prima facie case of facilitating serious licence misuse for monetary consideration. The Bench relied on the investigation report and noted that the disciplinary authority for licensing proceedings was not the Bangalore Commissioner. It declined to disturb the prohibition order at that stage, but granted liberty to seek a post-decisional hearing before the Commissioner and to adduce additional evidence in support of innocence.

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Issues: Whether the order prohibiting the Customs Broker from operating under Regulation 23 of the Customs Brokers Licensing Regulations, 2013 should be interfered with, and whether the appellant was entitled to a hearing before or after the prohibition order.

Analysis: The appellant was found prima facie to have facilitated serious violations involving misuse of the Customs Broker licence for monetary consideration. The Bench noted that the prohibition order had been passed on the basis of the investigation report and that the disciplinary authority for licensing proceedings was not the Bangalore Commissioner. Considering the material on record, the Bench declined to interfere with the prohibition order at that stage. At the same time, following the course adopted in the cited precedent, liberty was granted to the appellant to approach the Commissioner for a post-decisional hearing and to produce additional evidence in support of innocence.

Conclusion: The prohibition order was not set aside and the appeal was not allowed on merits, though the appellant was given an opportunity to seek reconsideration by way of post-decisional hearing.

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