2010 (7) TMI 529

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Goel, J.]. - This petition seeks quashing of order dated 7-7-2010, Annexure P-6, passed by the Commissioner of Customs, suspending the licence of the petitioner, as Customs House is under the provisions of the Customs House Agents Licensing Regulations, 2004 (for short, "the Regulations"). 2. According to the allegations in the impugned order, it was found that certain prohibited goods....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... an employee of the petitioner but who in fact was not an employee of the petitioner, action could not be taken. In any case, remedy was available to take action under Regulation 22 of the Regulations, after prior hearing and action under Regulation 20(2) could be taken only where immediate action was necessary and where inquiry was pending. In the present case, no immediate action was required as....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uch assessment can be interfered only if exercise of power was arbitrary or mala fide. It is not possible to hold that there was no reason whatsoever for taking action under Regulation 20(2) of the Regulations, so as to call for interference by this Court. 6. We also find that under Regulation 20(3) of the Regulations, opportunity of hearing is required to be given within 15 days of the or....