Preventive suspension of a Custom House Agent cannot stand when delayed action defeats the regulatory purpose.

Suspension of a Custom House Agent under the customs licensing regulation is an immediate preventive measure, meant to stop ongoing mischief or protect the Customs House. Where the alleged conduct related to old shipping bills, the show cause notice was issued years later, and the suspension order was passed only much later, the action was held too delayed to serve that preventive purpose. With no surviving revocation proceeding, the suspension was found inappropriate and was set aside with consequential relief to the agent.

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Issues: Whether suspension proceedings against a Custom House Agent could be sustained when the alleged incident was old, the show cause notice was issued belatedly, and no revocation proceedings survived.

Analysis: The suspension power was treated as one meant for immediate intervention where it is necessary to stop the agent from continuing the mischief or to protect the Customs House. On the facts, the alleged conduct related to shipping bills of 1995, the show cause notice was issued in 1997, and the suspension order was passed only in 2000. In such a situation, the action was held to be too delayed for the preventive object of suspension, and the proceeding was found inappropriate.

Conclusion: The suspension order was unsustainable and was set aside with consequential relief to the appellant.

Final Conclusion: The appellant succeeded and the impugned suspension was annulled.

Ratio Decidendi: Suspension under the relevant customs licensing regulation is justified only as an immediate preventive measure and cannot be sustained where the action is belated and no further revocation proceeding survives.

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