TMI Blog2017 (12) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, may appear to be attractive to exercise the discretion under Article 226 of the Constitution of India but the malaise in such cases is indeed deep-rooted, where the Courts in its extraordinary jurisdiction, on the basis of the Affidavits only cannot even easily reach into. This Court would not like to comment upon the facts of the present case, as the matter appears to be still pending under investigation and the appellate order, the petitioner may have his own opportunity to lead his evidence in the matter at this stage, but prima- facie reading of the order, shocks the conscience of this Court - the alleged ground of breach of principles of natural justice need not prompt this Court to immediately interfere in such cases at such premature stage of the matter. Petition dismissed. - Writ Petition No. 52739/2017 ( T-CUS ) - - - Dated:- 21-11-2017 - Vineet Kothari, J. Ms. Rukmani Menon, Adv. for Petitioner ORDER 1. Heard the learned counsels. 2. The petitioner-M/s.Capricorn Logistics Pvt. Ltd., has filed this petition in this Court on 17.11.2017 aggrieved by the order Annexure-A dated 13.11.2017 passed by the Respondent-Commissioner of Customs, Bangalo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It appears that the Customs Broker has not verified the KYC of the exporters and was not in touch with them, there by violating the obligations under the/not complying with the Customs Broker Licensing Regulations, 2013. f) The Customs Broker has not exercised due control over their employee and because of such failure, Shri. Prabhu gained access to customs area based on the H card given as employee of CB company and attended clearances and drawback process on behalf of the fraudulent exporters. 6.1 Regulation 11 of Customs Broker Licensing Regulations, 2013 reads as follows: 11. Obligations of Customs Broker. A Customs Broker shall (a) obtain an authorization from each of the companies, firms or individuals by whom he is for the time being employed as a Customs Broker and produce such authorization whenever required by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be; (b) transact business (d) advise his client to comply with the provisions of the Act and in case of non-compliance, shall bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of said Customs Broker viz., M/s. Capricorn Logistics Pvt. Ltd., within the jurisdiction of Bangalore Customs viz., Principal Commissionerate, Airport Air Cargo Complex, Bangalore and Commissionerate of Customs, Bangalore City, with immediate effect and until further orders. Sd/- 13/11/17 (Parag Chakor Borkar) Commissioner 4. The learned counsel for the petitioner Ms.Rukmani Menon relying upon the decision of the Division Bench of the Madras High Court in Commissioner of Customs, Thoothukudi vs. Daniel and Samuel Logistics Pvt. Ltd., [2016 (336) E.L.T. 437 (Mad.) ] has submitted that in view of the gross violation of the principles of natural justice in the present case, in as much as, the impugned order has been passed by the Respondent-Commissioner of Customs without giving any notice and prior opportunity of hearing before passing the said order, the said order deserves to be quashed by this Court under Articles 226 of the Constitution of India. 5. The aforesaid Regulations of 2013 namely, Customs Brokers Licensing Regulations, 2013 vide Regulation No.21 provides for an alternative remedy by way of an appeal to such aggrieved Customs Broker under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d compliance with the Regulations before the concerned authority itself even now, but has equal, adequate and efficacious remedy by way of appeal against the impugned order even before the CESTAT under Regulation 21, which is quoted below for ready reference:- REGULATION 21. Appeal by Customs Broker. A Customs Broker, who is aggrieved by any order passed by the [Principal Commissioner of Customs or Commissioner of Customs, as the case may be] under these regulations, may prefer an appeal under section 129A of the Act to the Customs, Central Excise and Service Tax Appellate Tribunal established under sub-section (1) of section 129 of the Act . 11. As far as the ground raised before this Court of breach of principles of natural justice is concerned, this Court would like to observe that even the said ground can very well be raised before the appellate forums like CESTAT in the present case. The principles of natural justice as held by the Hon ble Supreme Court also is not an unruly horse but should enure to the benefit of a citizen or a corporate entity or a person, who comes to the Court of law for protection of his fundamental and legal rights and comes to the Court with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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