Prompt and reasoned licence suspension is mandatory where immediate action is claimed under custom house agent regulations.

Suspension of a Custom House Agent licence under Regulation 21(2) requires a prompt, self-contained and reasoned order showing the necessity for immediate action. Where the suspension order does not disclose any urgent basis and is followed by delayed show-cause proceedings, the statutory requirement of immediacy is not satisfied. On that reasoning, the suspension was held unsustainable and the licence was ordered to be restored, while the pending substantive proceedings under Regulation 23 were left open.

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Issues: Whether the suspension of the Custom House Agent licence under Regulation 21(2) of the Custom House Agent Licensing Regulations, 1984 was sustainable in the absence of prompt action showing the necessity for immediate suspension.

Analysis: The impugned suspension order was passed in November 1996, but the show-cause notice followed only after about ten months. On that timeline, the essential element of immediate action, which is required to justify suspension under Regulation 21(2), was not reflected in the order. The order also did not disclose the basis showing why urgent suspension was necessary. In these circumstances, the earlier Tribunal decisions on the need for a self-contained and reasoned suspension order were applied.

Conclusion: The suspension order was not sustainable and was set aside. The Commissioner was directed to restore the licence and allow the appellants to continue business, without prejudice to the pending proceedings under Regulation 23 of the Custom House Agent Licensing Regulations, 1984.

Final Conclusion: The licence suspension was quashed for want of demonstrable urgency, and restoration of the licence was ordered while leaving the substantive proceedings open.

Ratio Decidendi: Suspension of a Custom House Agent licence under Regulation 21(2) requires a prompt and reasoned order demonstrating the necessity for immediate action; absent that, the suspension cannot be sustained.

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