Customs House Agent licence suspension requires recorded urgent necessity and reasons in the order itself under Regulation 21(2).

Suspension of a Customs House Agent licence under Regulation 21(2) is valid only where the order itself shows that the Commissioner formed the opinion that immediate action was necessary pending enquiry and records the basis for that urgency. A bare reference to a pending or contemplated enquiry is insufficient if the order does not disclose the matter under enquiry or the reasons for immediate suspension. On that footing, the impugned suspension order did not comply with Regulation 21(2) and was liable to be set aside.

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Issues: Whether the suspension of the Customs House Agent licence was valid under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 when the order did not record reasons or disclose the Commissioner's opinion that immediate action was necessary pending enquiry.

Analysis: Regulation 21(2) requires that an order suspending a CHA licence pending enquiry must reflect the Commissioner's formation of opinion that immediate action is necessary. A bare statement that an enquiry is pending or contemplated is insufficient if the order does not disclose the matter under enquiry or the basis for urgent suspension. The impugned order contained no such indication and therefore did not satisfy the statutory requirement.

Conclusion: The suspension order was not in accordance with Regulation 21(2) and was liable to be set aside.

Ratio Decidendi: A suspension of a Customs House Agent licence under Regulation 21(2) is valid only if the order itself shows that the Commissioner formed the opinion that immediate action was necessary and records the basis for such suspension pending enquiry.

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