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2019 (1) TMI 135 - HC - CustomsValidity of Proceedings initiated against CHA under Regulation 21 of CHALR, 2014 - it is alleged that the petitioners are in the know of the fraud committed by the Importer - prohibition on CHA to work in Tuticorin Customs Commissionerate with immediate effect under Regulation 21 of the CHALR, 2004, allegedly on the same issue that is pending adjudication before the CESTAT - Held that:- A cursory reading of regulations 13 and 21 indicates that the prohibition contemplated under Regulation 21 is aimed at separating the CHA from access to offices and sections connected to the offence to prevent unwanted influence or sabotage. This order is normally passed immediately after the commission of any offence. In other words, Regulation 21 will outlive its purpose once substantive investigations in the offence case is over. The consequences of wrong doing for a CHA licensee is in the suspension and revoking of the license of the CHA under Regulation 22. And also, once proceedings under Regulation 22 is initiated which is normally done after the completion of investigations in a case, the proceedings under Regulation 21 go redundant. The entitlement to do the business of CHA is to be tested in a proceedings under Regulation 22 of CHALR, 2014. And Regulation 21 cannot be used as a tool to prevent the CHA from doing business. Petition allowed - decided in favor of petitioner-CHA.
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