Customs house agent licence suspension set aside where amended shipping bill and export correspondence showed no actionable lapse.

Suspension of a customs house agent's licence was held unjustified where the shipping bill was amended before export and correspondence showed permission for export from Haldia had been sought. On those facts, inserting Haldia in the shipping bill was not treated as interpolation, and no material established any lapse by the agent warranting suspension. The alleged failure to advise compliance with the Customs Act and licensing regulations, including the reference to Section 33, did not justify the extreme measure of suspension. The suspension order was set aside.

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Issues: Whether suspension of the customs house agent's licence was justified on the allegation that the shipping bill was interpolated and that the agent failed to advise compliance with the Customs Act and the licensing regulations.

Analysis: The goods were ultimately exported from Haldia after amendment of the shipping bill, and correspondence with the customs authorities showed that permission for such export had been sought. In these circumstances, the insertion of Haldia in the shipping bill could not be treated as interpolation, and no material was found to establish a lapse on the part of the customs house agent warranting suspension of the licence. The alleged breach of the regulatory duty and the reference to non-compliance with Section 33 of the Customs Act, 1962 did not justify the extreme step of suspension.

Conclusion: The suspension order was unjustified and was set aside; the appeal was allowed.

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