Independent Customs House Agent licence cannot be refused renewal merely because a separate earlier licence had lapsed.

A Customs House Agent licence issued at Chennai under Regulation 10(2) of the Custom House Agents Licensing Regulations, 1984 was treated as an independent licence. Renewal had to be considered under Regulation 12, and suspension or revocation under Regulation 21; the lapse of a separate Bangalore licence was not a stated ground for cancellation or refusal of renewal. Where the regulations do not expressly link the continuance of one licence to another licence at a different customs station, the later licence cannot be denied renewal solely because the earlier licence ended. The impugned cancellation was therefore unsustainable, and renewal was directed from the date of expiry.

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Issues: Whether a Customs House Agent licence issued at Chennai under Regulation 10(2) of the Custom House Agents Licensing Regulations, 1984 could be cancelled or refused renewal merely because the separate Bangalore licence had lapsed.

Analysis: Regulation 10 deals with grant of a regular licence, while renewal is governed by Regulation 12 and suspension or revocation by Regulation 21. The licence issued at Chennai was granted by the competent authority after the applicant had qualified under the regulations and it was issued in its own right, without any express condition linking its continuance to the Bangalore licence. The renewal application was required to be considered under Regulation 12 on the stated grounds, and the lapse of the Bangalore licence was not one of them. The regulations did not provide that an independently granted licence under Regulation 10(2) would automatically cease if the parent or earlier licence at another station ended.

Conclusion: The Chennai licence was independent and could not be cancelled or denied renewal on the sole ground that the Bangalore licence had lapsed.

Final Conclusion: The impugned cancellation was unsustainable and the licence was directed to be renewed with effect from the date of expiry.

Ratio Decidendi: Where the governing regulations create an independent licence at a different customs station and do not expressly provide linkage to another licence, lapse of the earlier licence cannot by itself justify cancellation or refusal of renewal of the later licence.

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