Customs House Agent licence suspension set aside after show cause notice and pending adjudication made continued suspension unsustainable.

Continued suspension of a Customs House Agent licence was found unsustainable where a show cause notice had already been issued under the licensing regulations and regular adjudication was pending. The authority treated the prior suspension under Regulation 21(2) as no longer justified in light of the ongoing proceedings under Regulation 23, and also noted that the licence-holder had remained out of business for more than a year. The suspension was set aside, restoring the licence-holder's ability to carry on business pending adjudication.

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Issues: Whether the continued suspension of the Customs House Agent licence was sustainable when a show cause notice had already been issued and regular proceedings were pending.

Analysis: The licence had been suspended under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 on the basis of allegations relating to the import consignment. The Authority noted that a show cause notice under Regulation 23 of the Customs House Agents Licensing Regulations, 1984 had subsequently been issued and the matter was awaiting adjudication. It was also taken into account that the licence-holder had already remained out of business for over a year.

Conclusion: The continued suspension was held to be unsustainable and was set aside.

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