Customs House Agent licence suspension must satisfy fairness and disclose pending enquiry; unsustainable without hearing

Suspension of a Customs House Agent licence was held unsustainable where no opportunity to represent was given before or immediately after the suspension, and the order did not record that an enquiry was pending or contemplated. Because licence suspension carries civil consequences, fairness required at least a post-decisional hearing in urgent cases, and the suspension order had to disclose the statutory basis under the governing regulations. The order failed these requirements and was set aside.

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Issues: Whether the suspension of a Customs House Agent licence could be sustained when no opportunity to represent was given before or immediately after the suspension, and when the order did not record that an enquiry was pending or contemplated.

Analysis: Suspension of a customs licence entails civil consequences and therefore attracts the requirement of fairness. Even if urgent action is permissible, the affected party must ordinarily be afforded an opportunity to present its case, at least by way of a post-decisional hearing, and the order should reflect the statutory basis for suspension, including the pendency or contemplation of enquiry under the governing regulations. The impugned order did not satisfy these requirements.

Conclusion: The suspension order was unsustainable and was set aside in favour of the appellant.

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