Prolonged delay in customs inquiry made continued suspension of a Custom House Agent's licence unsustainable on the stated facts.

Prolonged departmental delay in completing a customs inquiry and issuing a notice for cancellation made continued suspension of a Custom House Agent's licence unjustified on the facts stated. The department knew of the alleged unauthorised removal of import cargo in 1995, yet the inquiry and follow-up notice were issued only after significant delay, despite the matter being substantially investigated and the agent suffering continuing business prejudice. Although sub-letting of the licence was treated as a serious charge, the customs authorities were required to expedite the proceedings rather than maintain suspension indefinitely. The suspension order was therefore revoked.

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Issues: Whether the suspension of the Custom House Agent's licence could be continued in the face of prolonged departmental delay in completing the inquiry and issuing the notice proposing cancellation.

Analysis: The proceedings revealed that the department had knowledge of the alleged unauthorised removal of import cargo in 1995, yet the inquiry leading to suspension took months and the notice proposing cancellation was issued only after a further long interval. The explanation that the managing partner was unavailable did not justify the overall pace of the investigation, particularly when the matter had already been substantially investigated and the appellant was suffering continuing business prejudice from the suspension. The charge alleged sub-letting of the licence, which was treated as serious, but the Court found that the Customs authorities ought to have expedited the proceedings and that the prolonged suspension could not be sustained on the facts.

Conclusion: Continuance of the suspension was held to be unjustified and the appeal was allowed by revoking the suspension order.

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