TMI Blog2009 (5) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Customs, Tuticorin vide which the suspension of the CHA licence of the appellant ordered under Regulation 20(2) of Custom House Agents Licence Regulations, 2004 (CHALR) is continued. Under an order dated 18-11-08, the Commissioner of Customs suspended the CHA licence of the appellant, a proprietary concern run by Shri R. Theenathayalan, with immediate effect pending enquiry. The impugned order had been passed after hearing the appellants pending completion of detailed investigation into the alleged failures of the CHA in complying with the CHALR. 2. The facts of the case are that on intelligence received, a container carrying a consignment of cocopeat exported from Tuticorin port was called back by the DRI from Malaysia. On examinati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13(b), 13(d) and 13(e) of CHALR 04, by allowing third parties to use customs documents which had facilitated smuggling of contraband red sander logs. As per the impugned order, detailed investigation into the conduct of the CHA was pending completion. 3. In the appeal before the Tribunal, the impugned order is challenged on the grounds that the Commissioner passed the order without appreciating the fact that the appellant was not involved in the attempt to export red sander logs; that he had wrongly concluded that continuance of the CHA licence of the appellant would be detrimental to the revenue of the government; that he had resorted to suspension of licence under Regulation 20(2) of CHALR 04, after a lapse of three months of the seiz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rival submissions. In this case, the Department came to know of export of contraband under cover of a Shipping Bill dated 9-7-08, when the contraband was seized on 12-8-08. The appellant s version as regards his role in the incriminating transactions was recorded on 22-9-08 by the officers of DRI. As per the evidence on record, the appellant is not guilty of facilitating export of contraband by any positive act. The CHA was found to have acted without obtaining authorization from the exporters; he had failed to transact CHA s business personally or through an employee duly approved by the Asst. Commissioner; had failed to advise its client to comply with the provisions of law; had failed to bring to the notice of the authorities the non-c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i v. Raj Clearing Agency - 2006 (199) E.L.T. 602 (Bom.), relied on by the Ld. SDR, the Hon ble High Court of Bombay had held that in cases where immediate action was necessary, the Commissioner of Customs was fully empowered to suspend the licence where an enquiry against such agent was pending or contemplated as per the Regulation 20(2) and that in such a case licence could be suspended even without giving notice. 6.2 In Ganesh Shipping Agency v. CC - 2008 (222) E.L.T. 536 (Tri.-Chen.), the Tribunal vacated the suspension of the licence of the appellant CHA therein, inter alia, on the ground that the suspension had been ordered under Regulation 20(2) beyond three months of the date of seizure of the contraband found to have been exported ..... X X X X Extracts X X X X X X X X Extracts X X X X
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