TMI Blog2010 (7) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... action is that investigation was pending which could be hampered and further irregularities could take place unless licence was suspended - under Regulation 20(3) of the Regulations, opportunity of hearing is required to be given within 15 days of the order of suspension - No doubt where a party is affected, normal rule of natural justice is that hearing is to be given to the affected party before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the export shipping bills in respect thereof were presented by the petitioner. Shri Ramanpreet Singh Bawa, an employee of the petitioner, was found to be facilitating the customs clearance of goods, who stated that he was using the name of the petitioner for Rs. 20,000/- per month. It is further stated that further investigation was in progress and to avoid hampering investigation and to prevent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck. 5. We are unable to accept the submission. There being allegation of the nature contemplated in Regulation 20, the Commissioner of Customs could suspend the licence. No doubt, power under Regulation 20(2) is more drastic compared to power under Regulation 22, but both the Regulations operate in different situations. Where immediate action is required, power under Article 20(2) can certainly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Regulations for not providing prior hearing. No doubt where a party is affected, normal rule of natural justice is that hearing is to be given to the affected party before passing an order, but in emergent situation, order can be permitted to be passed, subject to the hearing being given within reasonable time. The petitioners will have an opportunity to put forward her case before the concern ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
