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2014 (11) TMI 381 - DELHI HIGH COURTRevocation of license - contravention of Regulation 13(a), 13(g) & 13(j) of the Courier Imports and Exports (Clearances) Regulations, 1998 - Non submission of authorisations for delivery of the consignments to the consignees and further, the signatures appearing on several authorisations appeared to be similar, which indicated that the signatures on the authorisations were forged/fabricated. In addition, it was alleged that petitioner had availed of the services of another courier without any prior permission of the Commissioner of Customs as required by virtue of Regulation 13(j) of the 1998 Regulations - Forfeiture of security amount - Held that:- It is apparent that the petitioner has failed to approach this Court with clean hands. The details of the proceedings initiated against the petitioner in respect of clearing goods under fictitious names has not been disclosed. Although, the impugned order dated 17.06.2014 refers to show cause notice issued by the Additional Commissioner (Exports) for denial of benefit of notification no.154/94-CUS dated 13.07.1994. Apparently, the allegations against the petitioner are not merely procedural but serious as the genuineness of the consignees is in doubt. The least that was required of the petitioner was to, candidly, disclose the nature of all allegations made against the petitioner. However, even though the impugned order dated 17.06.2014 refers to other proceedings, the petitioner has carefully ensured that the writ petition is bereft of any details as to the other proceedings that were initiated against the petitioner in respect of the consignments purportedly delivered by the petitioner. The show cause notice dated 04.07.2013 contained an allegation that the petitioner had not been submitting authorisations which were statutorily required. It was further alleged that the signatures on delivery proofs of consignments imported were forged/fabricated and the petitioner had sublet delivery of goods to another courier without prior permission as required. The impugned order dated 17.06.2014 had further specifically noted that the petitioner had not submitted authorisation certificates in respect of 40 bills of entries during the period 16.10.2012 to 31.10.2012. The allegation with respect to non-submission of authorisation certificates had been indicated in the show cause notice. In addition, the imports made by the petitioner were, apparently, subject matter of another show cause notice referred to by the Chief Commissioner of Customs in the impugned order dated 17.06.2014. The petitioner, thus, had full knowledge of the allegations and also had the opportunity for meeting the same. - No reason to interfere with impugned order - Decided against the petitioner.
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