Calcutta High Court
M/S. Sadguru Forwarders Pvt. Ltd. & Anr vs Principal Commissioner Of Customs on 31 March, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-6
WP No.275 of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. SADGURU FORWARDERS PVT. LTD. & ANR.
Versus
PRINCIPAL COMMISSIONER OF CUSTOMS,
AIRPORT AND ADMINISTRATION
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 31st March, 2016.
Appearance:
Mr. Arijit Chakraborty, Adv.
Mr. Nilotpal Chowdhury, Adv.
Mr. D. Banerjee, Adv.
Mr. S. B. Saraf, Adv.
Mr. K. K. Maiti, Adv.
Mr. Kausik Chandra, Additional Solicitor General The Court : The first petitioner complains of a mechanical suspension of the first petitioner's licence under Regulation 19 of the Customs Brokers Licensing Regulation, 2013 for matters which have no immediate relevance.
It appears that an inquiry was conducted by the Directorate of Revenue Intelligence pertaining to the first petitioner's involvement in the import of impermissible 2 articles on the ground that they were on transit to Nepal.
The department says that a post decisional hearing has been afforded to the broker under Regulation 19(2) of the said Regulations of 2013 and the department is proceeding under Regulation 20 to consider whether the licence should be revoked or any penalty imposed.
Since Regulation 20 of the said Regulations envisages the proceedings to be completed within a stipulated time, WP No.275 of 2016 is disposed of without interfering with the suspension of the petitioning broker's licence but by directing the proceedings under Regulation 20 of the said Regulations to be completed by the appropriate authorities by June 30, 2016. If a final decision on the revocation of the petitioner's licence is not taken by the appropriate authority by June 30, 2016 or not communicated to the petitioner by July 7, 2016, the suspension of the petitioner's licence under Regulation 19 of the said Regulations would stand annulled.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.