Customs House Agent licence suspension requires a pending or contemplated enquiry and immediate necessity under the regulations.

Suspension of a Customs House Agent's licence under Regulation 20(2) is permitted only in appropriate cases where immediate action is necessary and an enquiry is pending or contemplated. The power cannot be used merely on allegations of irregularities. Because the appellate authority found that no enquiry was pending or contemplated, the suspension order was held unsustainable, and the appeal was found not to raise any substantial question of law.

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Issues: Whether the Commissioner of Customs could suspend a Customs House Agent's licence under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 in the absence of a pending or contemplated enquiry.

Analysis: Regulation 20(2) permits suspension only in appropriate cases where immediate action is necessary and an enquiry against the agent is pending or contemplated. The suspension power is therefore conditioned by the existence of such enquiry, and cannot be exercised merely because irregularities are alleged. In the present case, the appellate authority had found that no enquiry was pending or contemplated, and only gave liberty to proceed in accordance with law.

Conclusion: The suspension order was not sustainable, and the appeal did not disclose any substantial question of law.

Ratio Decidendi: Suspension of a Customs House Agent's licence under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 is permissible only when an enquiry is pending or contemplated and immediate action is necessary.

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