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2006 (2) TMI 306 - AT - CustomsSuspension of the license - Misuse of the CHA license - Customs House Agent Licensing Regulations - clearance of imported goods i.e. Man made polyster dyed/printed fabrics and polyster filament yarn’ - fraudulently obtained DEEC Licenses - diverted to the domestic market - violation of the DEEC Scheme - HELD THAT:- There being no proximity between the date of suspension of the CHA Licence and the detection of the alleged misdeamour, an order suspending a licence should explain & should be speaking to enable the holder, whose licence has been suspended, to know the reasons to why the suspension was called for. This order devoid of reasons cannot be upheld on grounds as urged by the ld. DR. Since there has been a delay in ordering the suspension of the licence and that delay has not been satisfactorily explained and no reasons for the suspension appear in the order, the prayer of the applicant that he & his family has no other means of livelihood other than the business as CHA License holder induces us to conclude that we cannot uphold the suspension of the licence. The suspension order is therefore vacated. We make it abundantly clear that any observation on this suspension order will not deter the Commissioner from conducting detailed inquiries in this and any other proceedings under the CHALR, 2004 and or the Customs Act, 1962. Application in appeals disposed in above terms.
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