2000 (9) TMI 467

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....Order per : Gowri Shankar, Member (T)]. - After hearing both sides on the application for out of turn hearing, we have decided to take up the appeal for disposal today. 2. The appeal is against the order of the Commissioner of Customs, Kandla revoking under the Regulation 21 of the Customs House Agents Licensing Regulation, 1984, licence issued to the appellant to function as the Customs H....

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....e available to the appellant for cross-examination. It is contended that he was not. The enquiry officer does not appear to have considered necessary either to examine the remaining ten witnesses or offer them for cross-examination. He has in effect relied upon the statements that were tendered in the course of the preliminary examination by the Customs House which resulted in the issue of notice ....

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.... the notice felt it was necessary in order to sustain the charges cite ten persons as witnesses, solid reasons ought to be available why not one of these was required to be examined. No such reason is forthcoming. There, therefore has not been a proper enquiry of the kind provided in the Regulations. The order of the Commissioner accepting the result of this enquiry therefore has to be set aside. ....