CHA licence revocation upheld for sub-letting, improper accounts, and breach of non-transferable licence obligations.

A CHA licence was treated as properly revocable where statements recorded under Section 108 of the Customs Act showed that the licence had been used by persons who were not employees for monthly consideration, constituting sub-letting for pecuniary gain. The record also showed failure to maintain proper accounts, and a challenge based on authorisation for one consignment did not displace those substantive findings. In the regulatory scheme for customs house agents, the licence is non-transferable and breach of prescribed obligations is a serious contravention; the revocation was therefore upheld.

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Issues: Whether the revocation of the CHA licence was justified on the grounds of sub-letting the licence for pecuniary gain and failure to maintain proper accounts.

Analysis: The statements recorded under Section 108 of the Customs Act supported the finding that the licence had been permitted to be used by persons who were not employees, against monthly consideration, amounting to sub-letting. The evidence also established that proper accounts were not maintained. The challenge regarding authorisation for one consignment did not dislodge the substantive findings. In the regulatory scheme governing CHAs, the licence is not transferable and contraventions of the prescribed obligations are serious.

Conclusion: The revocation order was upheld and the challenge to it failed.

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