Emergency suspension of a Custom House Agent licence requires immediacy and a commenced inquiry before Regulation 21(2) can be invoked.

Emergency suspension of a Custom House Agent licence under Regulation 21(2) of the 1984 Regulations is valid only where immediate action is justified and an inquiry has commenced in the prescribed manner. The record showed no notice under Regulation 23 and no established direct involvement of the agent in the alleged smuggling, so the statutory preconditions for invoking the emergency power were absent. The suspension order was therefore not sustainable and was set aside, while the Commissioner remained free to initiate proceedings under the Regulations in the proper manner.

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Issues: Whether the suspension of the Custom House Agent licence under Regulation 21(2) of the Custom House Agents Licensing Regulations, 1984 was valid when the requirements of immediacy and commencement of inquiry under the Regulations were not satisfied.

Analysis: The impugned suspension was founded on a communication referring to seizure proceedings concerning mobile phones, but it did not establish any direct involvement of the appellant in the alleged smuggling. Regulation 21(2) is an emergency power and its invocation depends on a case for immediate action. The provision also contemplates that an inquiry against the agent has commenced in the manner prescribed, namely by notice under Regulation 23. On the record, no notice under Regulation 23 had been issued, and the requisite preconditions for resort to Regulation 21(2) were therefore absent.

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

Final Conclusion: The appellant succeeded, and the suspension of the licence was quashed while leaving it open to the Commissioner to initiate proceedings in accordance with the Regulations.

Ratio Decidendi: An emergency suspension under Regulation 21(2) can be sustained only if the statutory requirements of immediacy and the commencement of inquiry under the prescribed procedure are satisfied.

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