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2010 (10) TMI 653 - AT - CustomsApplication for stay - waiver of pre-deposit - Suspension of the CHA licence - The filing of the bill of entry classifying “1-6-CHLORO-3-PYRIDYLEMETHYL-N-NITROIMIDAZOLIDIN-2-YLIDENEA-MINE” under Chapter 38 which covers ‘pesticides’ does not amount to violation of the CHALR, 2004 - the order of suspension is in the nature of a disciplinary action and is also in the nature of interim order as the same requires to be followed by an inquiry proceeding and a subsequent proceeding, if necessary as a result of such inquiry, for cancellation of the CHA licence - Prima facie, it appears that in this case, there existed sufficient reason for issuing the impugned suspension order and the order for its continuance - Held that: an order of suspension of a CHA licence cannot be allowed to continue indefinitely. To a specific query from the Bench during hearing of the stay application, the learned SDR was at a loss to say why the Custom House has not initiated the inquiry proceedings against the CHA so far Mere claiming of a particular classification may not be a violation under the provisions of the Regulations of CHALR - The suspension has been envisaged as a weapon to be used in emergent situations with a view to prevent recurrence of illegal activities/irregularities - The suspension of licence by its nature is an interim action to be necessarily followed by further investigation - the investigation for violation of provisions of the Customs Act by the importer stands concluded and show-cause notice under Section 124 of the Customs Act issued on 17-11-2009 itself - Stay application is rejected
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