Delhi High Court - Orders
M/S Swastik Cargo Agency vs Commissioner Of Customs, Airport And ... on 11 September, 2023
Author: Yashwant Varma
Bench: Yashwant Varma, Manmeet Pritam Singh Arora
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CUSAA 34/2023
M/S SWASTIK CARGO AGENCY ..... Appellant
Through: Mr. Akhil Krishnan Maggu,
Mr. Vikas Sareen, Mr.
Maninder Gaur, Ms. Oshin,
Advs.
versus
COMMISSIONER OF CUSTOMS, AIRPORT AND
GENERAL, NEW CUSTOM HOUSE, NEW DELHI
..... Respondent
Through: Mr. Harpreet Singh, SC with
Mr. Jatin Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 11.09.2023
1. This matter has been taken up today as 08 September 2023 was declared a holiday.
2. Mr. Maggu, learned counsel appearing for the appellant has taken us through the written submissions which have been tendered and has addressed the following arguments. It was firstly pointed out that the First Offence Report is dated 27 September 2017. It was submitted that the submission of the aforesaid Report led to the petitioner originally being suspended by an order dated 05 October 2017. However, and undisputedly, the aforesaid order came to be revoked by the Commissioner as would be evident from Annexure A-
10.3. Mr. Maggu points out that although the time frame as prescribed in Regulation 20 of the Customs Brokers Licensing Regulations, 2013 ["2013 Regulations"] was to be mandatorily This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:52:22 followed and would have to be computed to commence from 27 September 2017, the respondents drew up and submitted a fresh and Second Offence Report dated 25 January 2018. This appears to have led to the petitioner being placed under suspension yet again in terms of the order dated 12 March 2018.
4. It was the submission of Mr. Maggu that the ninety-day prescription as placed in Regulation 20 is mandatory and once that period expires, the Commissioner of Customs would stand denuded of jurisdiction to initiate proceedings referable to that provision.
5. In order to make good his submission, learned counsel has prayed for liberty being granted to place appropriate judgments for the consideration of the Court.
6. We additionally note that the 2013 Regulations were superseded by the Customs Brokers Licensing Regulations, 2018 ["2018 Regulations"] and which carries a provision identical to Regulation 20 of the said regulations in terms of Regulation 17.
7. In view of the above, let the matter be called again on 20.11.2023.
YASHWANT VARMA, J.
MANMEET PRITAM SINGH ARORA, J.
SEPTEMBER 11, 2023 neha This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 17:52:22