2022 (9) TMI 1503

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.... the allegation that the in a cargo of oil tankers exported using the services of the petitioner, a quantity of red sanders, which is prohibited for export, was found concealed. 2. By interim order dated 29.08.2022, this Court directed as under:- 'This writ petition has been filed challenging an order through which a licence issued to the petitioner under the Customs Brokers Licensing Regulations, 2018 (the Regulations) has been suspended, on the allegation that in a consignment of oil takers processed through the petitioner, for export, a quantity of Red Sanders, which is prohibited for export was found concealed. The licence has been suspended on the ground that the petitioner has violated Regulations 10(d), 10(e) and 10 (n) o....

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....fect of Regulation 10(n) of the Customs Brokers Licensing Regulations, 2018 cannot be that the Customs Broker must be responsible for all actions of the exporter and if the KYC documents and such other documents as required in terms of the Regulations are available, then no action can be taken by the Customs Department against the Customs Broker. It is also submitted that suspension is a drastic measure affecting the very business of the petitioner and the livelihood of its employees and the power to suspend can only be in the circumstances contemplated by Regulation 16 of the Regulations. 3. The learned Standing Counsel appearing for the respondent Department refers to the facts and the provisions of the Regulations. He also place....

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....inst the Customs Broker. It is true that the Customs Broker discharges important functions and he is responsible to the extent specified in the regulations. But once that threshold is crossed, further obligations such as an obligation to prevent any further malpractice by the importer or exporter including the responsibility to ensure that the import or export is completely in accordance with customs law and procedures is not something which is the responsibility of the Customs Broker. In the light of the prima facie view I have taken, I am inclined to grant an interim order to the petitioner subject to the condition that the petitioner will engage in his business strictly in accordance with the Customs Brokers Licensing Regulations, 2018. ....