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2019 (12) TMI 294 - CESTAT MUMBAIImmediate action/continued action of suspension of Customs Broker Licence - Commissioner of Customs (General), in exercise of the powers conferred under provisions of Regulation 16(2) of the Customs Broker Licensing Regulations, 2018, orders that suspension of Customs Broker shall ‘continue’ pending inquiry proceedings under Regulation 17 of the Customs Broker Licensing Regulations, 2018 - illegal export of contraband substance purported to be ketamine under the provisions of NDPS Act, 1985 read with the provisions of Customs Act, 1962. HELD THAT:- There is enough power vested in the commissioner to suspend the license of Custom Broker, in terms of Custom Broker Licensing Regulation, 2018. However said power which impact the lively hood of the person and his employee needs o be exercised with caution and in accordance with the inbuilt safeguards, to prevent the arbitrary and reckless use of the power. One of the safeguard that has been built in the scheme, is to decide the matter after affording the post decision hearing in case of immediate suspension. This post decision hearing is not an empty formality but the responsibility cast on the Commissioner to decide the issue of continuation of suspension in reasonable and logical manner by way of speaking order, clearly recording the reasons for suspension of licence. The reason obliviously cannot be “enquiry is contemplated” simplicitor. In the present case Commissioner has not recorded any reason for the cause of immediate suspension or continuation of the suspension. We do not find any merits in the impugned order to sustain the same. - the appeal is allowed
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