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TMI Blog2001 (8) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... House Agents Licensing Regulations, 1984 (CHALR, 1984). The Commissioner in his order has stated that the appellants floated three fictitious firms which were involved in drawback fraud of Rs. 2.07 crores and the goods pertaining to these firms were cleared by them (CHA). It is further observed that all the consignments cleared by the appellants were found substandard goods and were exported by over-invoicing. It is stated that they had allegedly sublet their licence to Shri Rajeev Gupta for certain monetary considerations and further that they failed to comply with the bond executed by them under Regulation 11 and the obligation under Regulation 14 inasmuch as they claimed drawback fraudulently which rendered them unfit to transact any bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppropriate cases, where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such agent is pending or contemplated.'' 4. The only contention raised by the ld. Counsel for the appellants before us is that the Commissioner has suspended the licence of the appellants under sub-regulation (1) of Regulation 21 whereas in terms of this clause, the action could be taken only by following the procedure under Regulation 23 which provided final issue of a notice in writing to the CHA stating the grounds on which the licence was proposed to be suspended or/and on affording an opportunity to them for submitting their statement of defence and also an opportunity of personal hearing. It is contended th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (e) Kolhapur Cane Sugar Works Ltd. v. U.O.I. - 1986 (24) E.L.T. 205 (Del.), (f) Jay Engineering Works Ltd. v. G.O.I. - 1979 (4) E.L.T. (J307) (A.P.) and (g) Goberdhan Polisy v. U.O.I. - 1978 (2) E.L.T. (J228) (Cal. ) 5. Since the Commissioner has power to suspend licence of a CHA under sub-regulation (2) of Regulation 21, where immediate action is necessary without following the procedure under Regulation 23, we find no fault in this order. This appeal, therefore, is rejected. However, this type of suspension of the licence - as the provisions themselves would suggest can only be a temporary measure. We therefore, direct that the Commissioner should compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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