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2015 (11) TMI 1323 - AT - CustomsSuspension of the licence - violation of Regulation 13(a) on the ground that neither the exporter nor the suspected middleman could be found at their available addresses and that the CHA also failed to follow Regulation 13(a), 13(k) and 13(o) by not obtaining authorisation from the exporter (as none was produced before the investigation officer), not maintaining the prescribed job register and not verifying the identity and antecedents of the exporter - Held that:- Personal hearing was granted after more than nine months after the date of suspension. Not only that, after completion of hearing, the Commissioner took almost seven months to issue the order. We are aware that the time lines prescribed by CBEC are advisory in nature and cannot be given status of mandatory time lines. However, even advisory time lines have certain sanctity inasmuch as if such time lines have been exceeded beyond all reasonable limits, with regard to completion of suspension proceedings, such proceedings will have to be held to be fatally vitiated, more so when such proceedings have a direct and adverse bearing on some-one's livelihood and freedom to pursue a profession. Here is the case where the hearing was granted nine months after the suspension order while the time limit was 15 days and order was issued almost seven months after the hearing while it was expected to be issued in about 15 days. - we do not find any justification in allowing the impugned order to remain alive - Decided in favour of appellant.
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