2013 (10) TMI 1054

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.... the 2004 CHALR, suspended operation of the Customs House Agents license No. S-114, held by M/s. S. Guha Sarkar and Company, with immediate effect. 2. From the order impugned, it appears that M/s. S. Guha Sarkar and Company of Village Chandrapur under Digha Post Office area in 24 Parganas [North] is a Customs House Agent and its Customs House Agent's license No. is S-114. 3. By a letter dated 23rd July, 2012, the Directorate of Revenue Intelligence, intimated the Commissioner of Customs [Airport and Administration] that it had booked a case where prohibited goods were attempted to be smuggled into India along with other goods through Kolkata Port vide Bill of Entry No. 6935877 dated 26th May, 2012. 4. It was alleged ....

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.... the actual importer of the consignment was one Shri Vinod Lachwani, with whom they discussed time and again in connection with the above consignment; after clearance of the goods by customs they arranged for delivery of the goods from Haldia to Concor Depot, Khidirpore." 8. There can be no doubt that the allegations against the petitioner are of a serious nature. The 2004 CHALR casts obligations on a holder of clearing house agency license. The obligations have allegedly not been discharged. Acceptance of job of clearing without verifying whether the declared importer at all existed, constitutes dereliction of duty. However, the petitioner is ultimately entitled to be heard on the question of whether Nityananda Dey was the actu....

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....n the decision to pass the order is taken. It is difficult to accept the submission that the order was issued on 7th August, 2012 within 15 days from the date of receipt of intimation from the investigating agency. 12. In Schankar Clearing & Forwarding v. C.C. (Import & General) reported in 2012 (283) E.L.T. 349 (Del.) a Division Bench of Delhi High Court held as follows : "Regulation 20 empowers the Commissioner of Customs to revoke or suspend the license of CHA, in certain eventualities including in the case of misconduct. Regulation 20(2) is an overriding provision conferring emergency powers upon the Commissioner to - without any previous show-cause or any previous hearing - wherever immediate action is warranted, direct susp....

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.... In this case the final report of the inquiry was made on 7-5-2012; the appellant was issued with a show-cause notice on 5-6-2012." 13. The law relating to immediate suspension under Regulation 20(2) has correctly been enunciated in the judgment of the Division Bench in Schankar Clearing & Forwarding (supra) and I am in full agreement with the judgment. 14. Regulation 20 confers emergency power of immediate suspension in an emergent case where there is exceptional urgency. In such case licence might be suspended without recourse to the procedure stipulated in Regulation 22. In all other cases, the procedure prescribed in Regulation 22 has to be complied with. In framing the Regulations, Central Board of Excise and Customs im....