Customs Broker licence suspension requires present necessity; continued suspension set aside after investigation ended and notice issued.

Suspension of a Customs Broker licence under Regulation 16(1) is justified only where immediate preventive action is necessary and an inquiry is pending or contemplated. Here, the investigation had already been completed, a show cause notice had been issued, and the Regulation 17 inquiry could proceed independently. As no continuing urgency, risk to evidence, or other present necessity for suspension was shown, the drastic measure could not be maintained mechanically. The continued suspension was therefore not warranted and was set aside, while the inquiry was allowed to proceed in accordance with law.

---

---

Issues: Whether suspension of the Customs Broker licence under Regulation 16(1) of the Customs Brokers Licensing Regulations, 2018 was justified after the investigation had been completed and a show cause notice had already been issued.

Analysis: Regulation 16(1) permits suspension only in appropriate cases where immediate action is necessary and an inquiry is pending or contemplated. The facts showed that the import investigation had been completed, the show cause notice had been issued, and the inquiry under Regulation 17 could continue independently. The record did not show any remaining urgency, risk of interference with evidence, or other circumstance requiring immediate preventive suspension. Suspension of a Customs Broker licence is a drastic measure with serious civil consequences and cannot be continued mechanically once the need for immediate action is absent.

Conclusion: The suspension of the Customs Broker licence was not warranted and was rightly set aside in favour of the appellant.

Final Conclusion: The appeal succeeded, and the continued suspension of the Customs Broker licence was quashed while the inquiry under Regulation 17 was left to proceed in accordance with law.

Ratio Decidendi: Suspension of a Customs Broker licence under Regulation 16 is sustainable only when the authority records a real and present necessity for immediate action; once the investigation is complete and no urgent preventive purpose survives, suspension cannot be continued.

---