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2011 (11) TMI 333 - HC - CustomsCHA agent – prohibition from working as CHA agent – petitioner attempting illegal exportation of restricted commodity: Muriate of Potash [MOP] - petitioner was also found involved in sub-letting his CHA license – petitioner urged that any illegal act of the employees cannot bind the CHA - Held that:- Regulation 13 read with Regulation 19 (8) would make it obligatory on the part of the CHA to be responsible for the action of its employees. Regulation 12 provides that CHA license is not transferable and Regulation 19 (8) prescribes that CHA should exercise such control/supervision as may be necessary to ensure proper conduct of such employees in transaction of business as CHA and he be held responsible for all acts or omissions of his employees in regard to their employment. Regulation 20 envisages revocation of licence of Customs House Agent on his failure to comply with any of the regulations as also on account of any misconduct on his part. Therefore, it appears to be a prima facie case indicating direct involvement of both the employees of the petitioner in exporting restricted commodity and consequently that of petitioner in violating regulations, as discussed. Petition, therefore, deserves no meritorious consideration – Decided against the petitioner
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