2010 (7) TMI 529

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... quashing of order dated 7-7-2010, Annexure P-6, passed by the Commissioner of Customs, suspending the licence of the petitioner, as Customs House is under the provisions of the Customs House Agents Licensing Regulations, 2004 (for short, "the Regulations"). 2. According to the allegations in the impugned order, it was found that certain prohibited goods were being exported clandestinely and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... act was not an employee of the petitioner, action could not be taken. In any case, remedy was available to take action under Regulation 22 of the Regulations, after prior hearing and action under Regulation 20(2) could be taken only where immediate action was necessary and where inquiry was pending. In the present case, no immediate action was required as the incident took place about three months .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cise of power was arbitrary or mala fide. It is not possible to hold that there was no reason whatsoever for taking action under Regulation 20(2) of the Regulations, so as to call for interference by this Court. 6. We also find that under Regulation 20(3) of the Regulations, opportunity of hearing is required to be given within 15 days of the order of suspension. There is no challenge to the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X