2001 (12) TMI 727

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....ound to contain consumer goods imported by one M/s. Kureshi International; this was sought to be cleared through the customs by employing the appellant Customs House Clearing Agent. A Bill of Entry was filed in pursuance of the same. Some inquires made by the officers resulted in realizing that there was a mis-declaration of the contents of the container under import in as much as Brand name, make of Foreign origin goods and country origin in the Bill of Entry was not found correctly declared and values of the goods were also misdeclared. The goods were examined under a Panchanama, the address and particulars of the importers as available with the agent were provided to the department. The offices of the appellant herein were also searched ....

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....e Agent so far as the jurisdiction of the (Commissioner) is concerned and also order for forfeiture of security on any of the following grounds :- (a)      failure of the Custom House Agent to comply with any of the conditions of the bond executed by him under Regulation 11; (b)      failure to the Custom House Agent to comply with any of the provisions of these regulation, whether within the jurisdiction of the said (Commissioner) or anywhere else; (c)      any misconduct on his part whether within the jurisdiction of the said (Commissioner) or anywhere else which in the opinion of the (Commissioner) renders him unfit to transact any business in the Customs....

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.... the earlier suspension under 21(2), arrived at in January 2001, was required to be continued, he could have continued such a suspension under 21(1). The present suspension order confirming the suspension under 21(2) therefore cannot be upheld. (b)     While we find, that suspension under 21(2) can be effected without granting a hearing and a post decisional hearing should be granted, the consequent suspension to be continued should be barred under 21(1), if there is time lapse after the hearing, since after such post decision hearing, normally immediate action under 21(2) as stipulated in CHALR, required under 21(2), cannot be satisfied. (c)      In the present case, the appellant has been....