9911796707
|
Home
Issues involved:
Suspension of Custom House Agent license u/r 21(2) of Custom House Agents Licensing Regulations, 1984 without immediate action justification. Summary: The judgment by the High Court of Judicature at Calcutta pertains to the suspension of a Custom House Agent's license under sub-rule (2) of Rule 21 of the Custom House Agents Licensing Regulations, 1984. The Commissioner of Customs, Calcutta suspended the license of the petitioner without clearly stating the necessity for immediate action as required by Regulation 21(2). The appellants challenged this order through a writ application under Article 226 of the Constitution of India. The Single Judge did not grant interim relief but provided directions for future orders. The appeal was made against the Single Judge's judgment. Upon hearing arguments from both sides, the Court examined Regulation 21(2) which allows suspension of a license in cases where immediate action is necessary. The Court found that the suspension order lacked justification for immediate action and did not meet the criteria set by the Regulation. The purpose of immediate suspension is to halt the agent's activities promptly under urgent circumstances, which was not evident in this case. The Court emphasized that the legality and validity of the suspension order were the main concerns. It concluded that the order was unsustainable as it failed to demonstrate the necessity for immediate action as required by the Regulation. Therefore, the appeal was allowed, the Single Judge's judgment was set aside, and the suspension order dated 9th June, 1998 was quashed. The Court clarified that its decision was limited to the validity of the order under Regulation 21(2) and did not express any opinion on other regulations or the merits of the case. The judgment did not prevent further actions by the respondents if deemed necessary. The application was disposed of, and no costs were awarded to any party. All parties were instructed to act upon a signed copy of the order.
|
