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2014 (4) TMI 337 - CESTAT BANGALORESuspension of CHA license - Issuance of notice – Duty of Custodian to issues notice to CHA – Notice u/s 48 of the Customs Act - Held that:- Section 48 requires a notice to be issued to the importer and permission of the proper officer to be obtained - The learned A.R. could not show any statutory provision which requires the CHA to ensure that cargo is cleared within a specified period and in the absence of any statutory provision requiring CHA to ensure clearance of cargo, action against the CHA is not warranted - The only negligence on the part of CHA is that he has lost the docket of bill of entry and the concerned person dealing with the bill of entry had left them - However, it cannot be said that CHA should suffer such serious punishment for the lapses on the part of the custodian who has failed to fulfill the statutory obligation - The punishment of suspension till date and forfeiture of security is sufficient for the omissions on the part of CHA in this case but otherwise impugned order uphold - Appeal is decided in the above terms – Decided in favour of appellant.
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