Home Case Index All Cases Customs Customs + HC Customs - 2015 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 802 - HC - CustomsSuspension of license - Lending of license to other person - Smuggling of cigarettes in the name of import of dining sets - Held that:- The power under Article 226 of the Constitution of India is an extraordinary power and should be exercised by the High Courts only in those cases where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice causing prejudice to the petitioner (please see Union of India-vs.-Guwahati Carbon Ltd. (2012 (11) TMI 885 - SUPREME COURT OF INDIA)). Prima facie, I do not find any patent illegality on the face of the order impugned or that principles of natural justice have been violated in any manner. However, these observations of mine are only tentative in nature since I am minded to dispose of the writ petition on the grounds stated hereinafter. The Customs law is a complete code by itself. The Customs Act and the rules and bye-laws framed thereunder constitute a comprehensive and exhaustive code. The impugned order in the instant case has been passed by the Commissioner of Customs in exercise of his power under the Customs Brokers Licensing Regulations, 2013 which are framed under Article 146 (2) of the Customs Act, 1962. Regulation 21 provides that a Customs Broker who is aggrieved by any order passed by the Commissioner of Customs under the said regulations may prefer an appeal under Section 129A of the Customs Act to the Customs, Central Excise and Service Tax Appellate Tribunal. The appeal as provided for, in my opinion, is an efficacious alternative remedy available to an aggrieved broker like the writ petitioner. - court ought not to exercise its extraordinary power under Article 226 of thse Constitution of India. Accordingly, this writ application fails and is dismissed. - Decided against appellant.
|