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3. The petitioner-Company has been granted licence to act as Custom House Agent (CHA, for brevity) by the Commissioner vide CHA Licence No.5/91 (Regular) which has since been renewed vide C.No.VIII/13/5/99-Cus. Tech., dated 15-11-1999 and valid upto 25-11-2004. As per the licence issued, the licensee is authorised to transact business as Customs House Agent at ICD Reddipalem, Guntur.

4. The Container Corporation of India Limited, Guntur, (CONCOR, for brevity), the 2nd respondent herein after developing the area and upgrading the facilities by providing infrastructure at ICD, Reddipalem, Guritur and furnishing the Undertakings and requisite Bond, as required in Boards Circular No.128/95, dated 14-12-1995 requested the Commissioner for re-notification of the "Customs Area" and appointment of CONCOR as the Custodian. After inspection of the new facilities and scrutiny of the Undertakings, the Commissioner issued notification No,l/2001 dated 17-1-2001 appointing CONCOR as the Custodian and Public Notice No.9/2001 dated 3-2-2001 prescribing the procedure to be followed at ICD, Reddipalem, Guntur for Imports/ Exports.

"14. Obligations of Custom House Agent:--A Custom House Agent shall:
(a) obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as "Custom House Agent and produce such authorisation whenever required by an Assistant Commissioner of Customs or Deputy Commissioner of Customs;
(b) transact business in the Customs Station either personally or through an employee duly approved by the Assistant Commissioner of Customs or Deputy Commissioner of Customs designated by the Commissioner;
(o) ensure that he discharges his duties as Custom House Agent with utmost speed and efficiency and without avoidable delay; and
(p) not charge for his services as Custom House Agent in excess of the rates approved by the Commissioner from time to time under Regulation 25." None of the obligations enumerated in Regulation 14 envisages the role of a CI-IA as a transporter.

17. However, Mr. S. Ravi, learned Counsel for the petitioner, placing reliance on Regulation 10(2)(b) would contend that possession of a transport facility is also one of the essential qualification for an applicant for CHA licence- The contention of the learned Counsel is not well founded and not tenable. Regulation 10(2)(b) reads-

"34. .......... The clearing agent is not a person within the meaning of Section 124 of the said Act for the purpose of service of notice after the goods have been assessed and cleared from the customs. Under Section 2(c) of the Customs House Agents Licensing Regulations, 1984 "Customs House Agent" means a person licensed under these regulations to act as agent for the transaction of any business relating to the entry or departure of conveyance or the import or export of goods at any customs station.