2007 (11) TMI 311

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....Customs House Agent, utilized a forged AEPC Certificate to clear the goods i.e. consignment of a customer namely M/s. El ? Dupont India Limited. Apparently, a show cause notice was issued to the consignee and the petitioner. During the course of the proceedings, their statements were recorded under Section 108 of the Customs Act. These included the statements of the present petitioner. On the strength of the materials, the Additional Commissioner (Adjudication) of Customs, levied a penalty of Rs. 5 lacs upon the petitioner by an Order dated 20-10-2006, hereinafter referred to as the Adjudicatory Order. The petitioner appealed under Section 128 of the Customs Act being Ref. No. IRG/220/06/1940 which is pending adjudication before Shri Rajiv ....

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....stances, they could not have formed a fresh opinion as there was no complaint other than the subject matter of the proceedings before the CESTAT. The action of the respondents is, therefore, arbitrary and illegal. 6. Learned Counsel for the respondent denied the allegations of the petitioner. It was contended that the power to issue a suspension order has not been questioned, in the present case. The respondents did not take any precipitate action without considering the merits. The Court should not feter their right to decide whether to revoke licence issued to the petitioner. 7. The above facts would show that the instance in question occurred some times in December, 2002 - January, 2003. The respondents allege that the petitioner had u....