Custom House Agent licence suspension requires prompt action; an unexplained delay can render the order unsustainable.

Suspension of a Custom House Agent licence under the licensing regulations was held unsustainable where no immediate action followed the alleged misconduct. The suspension order was issued after a substantial delay, only after adjudication proceedings had concluded, and the record did not show any pressing necessity for urgent intervention. Because prompt action is inherent in the suspension power, the unexplained delay and delayed communication vitiated the order. The suspension was therefore set aside, and the stated principle is that such licence suspension must be backed by immediate action on the disclosed facts or it is liable to be struck down.

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Issues: Whether suspension of the Custom House Agent licence under Regulation 21(2) of the Custom House Agent Licensing Regulation, 1984 was sustainable when no immediate action had been taken after detection of the alleged misconduct.

Analysis: The order of suspension was passed after a substantial lapse of time from the alleged offence and after adjudication proceedings had already concluded. The order did not disclose any pressing necessity for immediate action, and the communication of the suspension was also delayed. In these circumstances, the requirement of prompt action inherent in Regulation 21(2) was not satisfied.

Conclusion: The suspension under Regulation 21(2) was not sustainable and was set aside.

Ratio Decidendi: A suspension of a Custom House Agent licence under Regulation 21(2) must be supported by immediate action on the facts disclosed, and an order passed after unexplained delay is liable to be struck down.

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