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2017 (2) TMI 85 - AT - CustomsRevocation of CHA licence - the CHA licence of the appellant is already revoked, in the facts of the case, whether the impugned order is correct? - Held that: - the impugned order is non est order inasmuch, order for revocation of licence connot be in thin air. A CHA licence which is already revoked, cannot be again revoked subject to it being reinstated by higher authorities. In our view, this order of the adjudicating authority is not correct passed without any application of mind and needs to be set aside and we do so. Time period taken to complete the proceedings - inordinate delay - Held that: - The CHA licence of the appellant was suspended on 6.2.2007 and the order-in original which revoked the licence is dated 15.10.2013. The timeline for conclusion of the proceedings from the date of suspension is approximately five years and eight months, a delay detrimental to the entire proceedings - inordinate delay in the case in hand to complete the proceedings against the CHA is detrimental and the impugned order is liable to be set aside on this ground only. The order-in-original is non est as it is revoking an already revoked CHA licence - appeal allowed - decided in favor of appellant.
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