Customs house agent licence suspension required notice and hearing; stay granted for prima facie non-compliance with procedural safeguards

Suspension of a customs house agent licence under Regulation 21(1) of the Customs House Agents Licensing Regulations, 1984 was challenged as prima facie unlawful for non-compliance with Regulation 23, which requires notice and an opportunity of hearing. On a prima facie reading, the absence of notice and hearing supported the contention that the suspension was not in accordance with law, and the alternative argument that the Commissioner acted under Regulation 21(11) was not accepted. Stay of the suspension order was therefore granted pending appeal.

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Issues: Whether the suspension of the customs house agent licence under Regulation 21(1) of the Customs House Agents Licensing Regulations, 1984 was prima facie invalid for non-compliance with Regulation 23, and whether stay of the suspension order should be granted.

Analysis: The suspension order invoked Regulation 21(1) and relied upon clauses (a), (b) and (c) of that provision. The order was challenged on the ground that the power under Regulation 21(1) was subject to Regulation 23, which requires notice and an opportunity of hearing. On a prima facie view, the absence of such notice and hearing supported the contention that the order was not in accordance with law. The alternative construction that the Commissioner had acted under Regulation 21(11), which was said to be outside Regulation 23, was not accepted on a prima facie reading of the impugned order.

Conclusion: Stay of the impugned suspension order was granted during pendency of the appeal.

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