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2016 (4) TMI 925 - AT - CustomsValidity of Prohibition order - Import of various high value cars - Stoppage of the business operations of the applicant - Appellant prohibited from working as Customs Broker at New Delhi Customs stations - Held that:- no evidence has come on record that the appellant authorized Mr. G S Prince expressly or impliedly. We note that the impugned order also held the appellant responsible for the acts of Mr. G S Prince, G card holder at New Delhi office. As already recorded, no investigation was made or statement recorded from the Directors / partners of the appellant to bring out their role or the connection with the importer who were found to have violated the provisions of Customs Act. It is also noted that CHA license is issued at Nagpur. There is nothing on record to inform whether any action has been initiated till date against the appellant by the original licensing authority at Nagpur customs. The impugned order is passed without following the principle of natural justice and without due process of inquiry. The order was issued after almost 7 years of purported misdemeanor. Thus the prohibition order fails due to lack of due process, inordinate delay and on prima facie merit. Therefore, order of prohibition is not legally sustainable and accordingly set aside. - Decided in favour of appellant
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