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Milliard Logistics Pvt. Ltd. Versus Union of India

2016 (5) TMI 598 - BOMBAY HIGH COURT

Seeking declaration for the respondent's action violating the petitioner's fundamental right and Constitutional mandate - Article 19(1)(g) and Article 14 of the Constitution of India - not allowing the normal operation of the Customs Broker License as per order of CESTAT - prohibitory orders.

Held that:- interest of justice would be served, if we direct the Commissioner at Kanpur to conclude the proceedings as expeditiously as possible and within two months from the date of receipt o .....

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dependently to the charges in the show cause notice, the explanation given by the petitioner thereto and the documents and materials relied upon by the petitioner. The Commissioner should not influence himself by any preliminary enquiries or findings in any preliminary report. Equally, the Commissioner is free to decide the issue uninfluenced by any prima facie or tentative observation of the Tribunal. - Petition disposed of - Writ Petition No. 5090 of 2015 with C.A. No. 79 of 2015 and Notice of .....

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E.L.T. 162 (Tri. - Mumbai)] violates the petitioner s fundamental right guaranteed by Article 19(1)(g) of the Constitution of India. It is also violative of the constitutional mandate enshrined in Article 14 of the Constitution of India. 2. The petitioner was granted Customs House Agent Brokers License by the Commissioner of Customs, Kanpur. The petitioner is also permitted to work at Mumbai Customs Commissionerate. 3. A bill of entry was filed by the petitioner on behalf of the impor .....

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ecember, 2013. Thereafter, further process was undertaken. The goods were seized. A provisional release was directed after a fresh No Objection Certificate was produced on 3rd February, 2014. 4. The Customs Authorities have alleged that the certificate was collected and submitted by one Hemant Kumar Pol, an employee of the petitioner and thereafter statement came to be recorded. He handed over all documents to one Prakash Phapale on 6th November, 2013 and that is how the certificate from th .....

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d Customs, Kanpur and since the enquiry had commenced, no purpose would be served in continuing the prohibitory order. The Tribunal heard both sides and concluded in Paragraph 5 of its order Page 100, as under : ­ Having considered the rival contentions, we hold that there is no serious charges against the appellant, nor there is any alleged loss of the revenue and nor any reasons have been stated in the impugned order requiring prohibition of the appellant­Customs Broker for carrying on .....

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the Revenue. Therefore, we placed the Revenue s appeal and which was admitted also for hearing together with this writ petition. 6. A prohibitory order passed by the Commissionerate at Kanpur on 20th January, 2015 and the show cause notice dated 28th February, 2015 was brought to our notice. Pertinently, Mr. Jetly sought time to point out when the Commissioner of Customs at Kanpur would complete and conclude the enquiry in pursuance of the show cause notice issued to the petitioner dated 28 .....

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der the Customs Broker License Regulations, 2013, as explained in Paragraph 4 of the affidavit­in­reply at Page 107 of the paper book. That is how issuance of the show cause notice dated 28th February, 2015 has been justified. 9. Mr. Jetly, on instructions from the Commissioner of Customs at Kanpur, has informed the Court that the enquiry in pursuance of this show cause notice will be completed within three months from today. On the other hand, the petitioner s advocate submits that .....

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