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Issues: Whether the suspension of the Customs House Agent licence under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984 was justified on the ground that immediate action was necessary in view of continuing mis-declaration and related irregularities.
Analysis: Regulation 21(2) permits suspension of a Customs House Agent licence where an enquiry is pending or contemplated and immediate action is necessary. The record disclosed repeated irregularities, including filing of multiple shipping bills and earlier detection of similar consignments, indicating a continuing course of conduct rather than an isolated incident. The proprietor's admission that goods were received by a representative of the firm was treated as material, and the later retraction was not accepted as displacing its evidentiary value at the suspension stage.
Conclusion: The suspension of the CHA licence was held to be sustainable in law and the appeal was rejected.
Final Conclusion: The order of suspension was affirmed as a valid interim measure pending enquiry, on the basis of continuing irregularities and material supporting immediate action.
Ratio Decidendi: Under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984, a CHA licence may be suspended where material indicates a continuing course of misconduct and immediate preventive action is warranted pending enquiry.
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