2006 (3) TMI 589

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....iew that the appellant CHA has neither advised his client to comply with the provisions of the Customs Act nor brought the fact of non-compliance to the notice of the proper officer. Further, prima facie view has been expressed that it is evident that they have played active role in facilitating the illicit transaction. The challenge of the suspension is on the ground that the Commissioner has not even specified the name of the importers on behalf of whom the goods have been imported. The only fact known is that some containers were seized by the officers of DRI containing batteries, CFLs and other items which were said to contain toys. Based on this, the Commissioner has proceeded to suspend the licence but without indicating as to how he ....

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....4 (172) E.L.T. 98 (Tri.) = 2004 (96) ECC 146 (Tri.)] Learned counsel further relies on the ruling of this bench rendered in the case of Devadatta Agency v. CC, Bangalore [2006 (194) E.L.T. 188 (Tri.-Bang)] wherein the delay in issuing a suspension order has been taken as a ground to set aside the Order of suspension. Further reliance is placed on a decision in the case of East-West Freight carriers (P) Ltd. v. CC, Madras [1995 (77) E.L.T. 79 (Mad)] wherein the Madras High Court has set aside the order of suspension as the suspension of licence has been held to be not sustainable unless the order indicates the application of mind by the Collector to the aspect as to whether immediate action was necessary pursuant to contravention by clear....