Custom House Agent licence suspension revoked after prolonged hardship, while preserving the department's right to pursue further proceedings.

A Custom House Agent licence suspended under Regulation 21(2) was directed to be revoked where, although there was a prima facie basis for suspension, the suspension had continued for about four months and caused serious economic hardship to the licence holder and its employees. The Tribunal balanced the need to protect the department's investigatory powers against the prejudice caused by prolonged suspension and noted that the matter could still be examined in regular proceedings under Regulation 23. The licence was restored with the department's right to continue further action expressly preserved.

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Issues: Whether the suspension of the Custom House Agent licence under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 should be continued or revoked pending initiation of proceedings under Regulation 23.

Analysis: The suspension was supported by material showing a prima facie basis for invoking the power under Regulation 21(2). At the same time, the suspension had continued for about four months and had caused serious economic hardship to the appellant and its employees by affecting their livelihood. The Tribunal also noted documents placed to indicate that the matter could be properly examined in the regular proceedings under Regulation 23, while still preserving the department's right to proceed further. Balancing the prima facie justification for suspension against the hardship caused by prolonged suspension, the Tribunal considered it appropriate to restore the licence with suitable safeguards for investigation.

Conclusion: The suspension was directed to be revoked and the licence restored to the appellant, without prejudice to further proceedings under Regulation 23.

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