Custom House Agent licence suspension requires a pending or contemplated enquiry against the same agent, not a different branch offence.

Suspension of a Custom House Agent licence under Regulation 21(2) is justified only in appropriate cases requiring immediate action, where an enquiry against the same agent is pending or contemplated. On the stated facts, the suspension was based on an alleged offence involving the Tuticorin branch, not on any contravention attributable to the Chennai licencee, and no enquiry was pending or contemplated against that Chennai licence. The earlier identical reasoning was treated as applicable, so the suspension could not be sustained merely because another branch licence had been affected, and it was set aside.

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Issues: Whether suspension of the Chennai Custom House Agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was justified when the alleged offence related to the Tuticorin branch and no enquiry was pending or contemplated against the Chennai licencee.

Analysis: Regulation 21(2) permits suspension only in appropriate cases where immediate action is necessary and an enquiry against the concerned agent is pending or contemplated. The impugned suspension was founded on an alleged offence at Tuticorin and not on any contravention attributable to the Chennai licencee. There was no allegation or pending enquiry against the Chennai licence that could bring the matter within the scope of Regulation 21(2). The reasoning adopted in the earlier identical matter was treated as applicable, and the suspension could not be sustained merely because another branch licence had been affected.

Conclusion: The suspension of the Chennai licence was unjustified and was set aside in favour of the assessee.

Ratio Decidendi: Suspension under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 is sustainable only where immediate action is required in relation to the same agent and an enquiry against that agent is pending or contemplated; it cannot rest solely on an alleged offence concerning a different branch or licence.

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