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TMI Blog2009 (9) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... g the operation of the Customs House Agents Licence No. R-15 (PAN No. AABCR4323D) held by M/s. Rubee Air Freight Ltd. with immediate effect. 2. The power of the Commissioner of Customs to suspend a Customs House Agent's Licence has been questioned. This Court, however, is of the prima facie view that power to suspend Customs House Agent's Licence does exist and in appropriate cases, where there is immediate necessity of issuing an order of suspension, the requisites of Regulation 22 need not be complied with. 3. The power to suspend a licence is, however, drastic and entails irreversible civil consequences for the licencee. The power to suspend thus, ought to be exercised cautiously. Orders of suspension without prior opportunity of heari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned order has apparently been issued having regard to alleged statements of the Managing Director of the petitioner No. 1, in course of investigation, to the effect that the petitioner No. 1 allowed one Papu who did not have the requisite licence, to file bills of lading and/or otherwise perform the functions required of the clearing agent. 8. The Managing Director of the petitioner No. 1 allegedly made a statement to the effect that he did not know the importer. One Papu used to bring documents such as invoices, packing lists and bills of lading and the petitioner stamped the same as per his declaration. 9. The petitioners have made a specific averment on oath that the consignment was cleared by the petitioner No. 1 through its authoriz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e nature of the allegations in the impugned order prima facie do not warrant immediate suspension of a clearing agent with out opportunity of hearing. 16. There will, therefore, be an interim order till 14th September, 2009 restraining the respondent authorities from giving effect and/or further effect to the order impugned to the extent that the licence of the petitioner No. 1 has been suspended. It is made clear that it will be open to the respondent authorities to proceed in accordance with the provisions of Regulations 21 or 22, whichever is applicable. 17. Affidavit in opposition is to be filed within 8th September, 2009. Affidavit in reply may be filed by 11th September, 2009. Let the matter be listed as a 'Specially Fixed Adjourned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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