2018 (3) TMI 1559

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... petition are as follows: 2. Petitioner is a Customs Broker and holder of regular licence issued by the Commissionerate of Customs, Cochin under Regulation 9(1) of Custom House Agent Licensing Regulations (CHALR), 2004 [hereinafter called, 'Regulations, 2004]. The said licence is valid up to February, 2019. Regulations, 2004 is superseded by Customs Brokers Licensing Regulations, 2013. According to the petitioner, with due permission from appropriate Commissionerate, petitioner had extended Customs broker activities to Chennai, Mumbai, Bangalore and Hyderabad. 3. On 20.09.2016, the Directorate of Revenue Intelligence (DRI), Bangalore Zonal Unit had intercepted the consignment of exporters M/s. Logo Trading and M/s. Valentino, whic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....filed. It is also admitted that this writ petition is preferred, since there is no Division Bench sitting in CESTAT, Bangalore and thereupon, petitioner is not having any alternative remedy to challenge Exts.P1 and P3 orders. 5. A detailed counter affidavit is filed for and on behalf of the respondent, wherein, the allegations and statements made in the writ petition are all denied. Among other contentions, it is stated that, petitioner has got an equally efficacious remedy to prefer appeal before the Appellate Authority provided under Regulation 21 of Regulations, 2013, and there are no reasons assigned by the petitioner to seek interference of this Court exercising the power of judicial review under Article 226 of the Constitution of I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... regard to the limitation occurred to the proceedings in accordance with Regulation 20 of Regulations, 2013 is also met with by the respondent, and the details of the same are also provided to contend that there is no limitation occurred in the proceedings to be initiated by the respondent. It is also submitted that, the entire action initiated by the respondent is in accordance with law, and the contentions advanced in the writ petition against the same cannot be sustained. 8. I have heard learned counsel for the petitioner and the learned Standing Counsel for the respondent. Perused the documents on record and the pleadings put forth by the respective parties. 9. The thrust of the contention advanced by the petitioner is that, the p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t made out any ground justifying interference of this Court under Article 226 of the Constitution of India, since every opportunity was provided to the petitioner before passing the continuance of suspension order in accordance with Regulation 19. 11. I have evaluated the rival contentions advanced by the respective counsel. Regulation 19 of Regulations, 2013 is relevant to the context, which read thus; "19. Suspension of licence.-- (1) Notwithstanding anything contained in regulation 18, the Commissioner of Customs may, in appropriate cases where immediate action is necessary, suspend the licence of a Customs Broker where an enquiry against such agent is pending or contemplated. (2) Where a licence is suspended under sub-regula....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iated and completed by respondent under Regulation 19 cannot be said to be bad or illegal. The allegation with respect to limitation to proceed under Regulation 20, in my considered opinion, is premature at this stage of the proceedings. Various factual circumstances will have to be taken into account in order to deal with the aspect of limitation raised by the petitioner, and therefore, this Court need not, at this stage of the proceedings, venture to harp upon the same. The procedure contemplated under Regulation 20 makes it abundantly clear that, petitioner will get sufficient opportunity to raise such issues when further proceedings are initiated in contemplation of Regulation 20. In my considered opinion, the continuing of suspension o....