Prompt enquiry requirement limits suspension of a Customs House Agent's licence, with conditional relief preserved for timely proceedings.

A Customs House Agent's licence suspension under the licensing regulations must be backed by prompt commencement of the contemplated notice-and-enquiry process. Where the allegations were later diluted, some charges were dropped, and no substantive enquiry had begun for several months, the Court found the authorities' position unsatisfactory and moulded relief to avoid prolonged uncertainty. The suspension was allowed to continue only if an enquiry was initiated within seven days of authenticated copies of the order; failing that, the suspension would stand quashed and become permanently inoperative, while the authorities retained the right to proceed in accordance with law if the enquiry was timely started.

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Issues: Whether the suspension of the Customs House Agent's licence could be sustained in the absence of prompt initiation of proceedings under the relevant licensing regulations and in view of subsequent developments affecting the stated grounds.

Analysis: The licensing regulations empowered suspension or revocation of a Customs House Agent's licence, and also contemplated procedure through notice and enquiry. The suspension was challenged on the basis that the stated allegations had later been diluted, that two charges had been dropped, and that no substantive enquiry had been commenced for several months after the suspension. The Court found the respondents' affidavit unsatisfactory on the central question whether the main enquiry was in fact contemplated, and considered both the delay in commencing proceedings and the subsequent dropping of some allegations. To avoid keeping the petitioner in uncertainty while also leaving room for lawful action by the authorities, the Court moulded relief by linking the continuance of the suspension to prompt commencement of an enquiry.

Conclusion: The suspension would stand only if an enquiry under the licensing regulations was commenced within seven days of authenticated copies of the order; failing that, the suspension would be quashed and rendered permanently inoperative.

Final Conclusion: The writ petition was disposed of by granting conditional relief in favour of the petitioner, preserving the respondents' right to proceed in accordance with law if the stipulated enquiry was timely initiated.

Ratio Decidendi: A summary suspension of a Customs House Agent's licence must be supported by prompt initiation of the contemplated enquiry, and where the authorities remain inactive for an extended period the Court may mould relief by making the suspension conditional upon timely commencement of proceedings.

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