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The petitioner is a Company incorporated under the provisions of the Companies Act, 1956 and has been carrying on business, inter alia, as a Customs House Agents since 1987. The petitioner holds a Customs House Agents' license, issued under the Customs House Agents Licensing Regulations, 2004, which is valid till 2016. According to the petitioner, the petitioner has had an unblemished record as a Customs House Agent.
In or about April 2009, the petitioner cleared an export consignment purportedly on behalf of one M/s. Swift Freight (I) Pvt. Ltd. The consignment was apparently covered by a Shipping Bill No.5543848.

REGULATION 21. Prohibition. - Notwithstanding anything contained in regulation 22, the Commissioner of Customs may prohibit any Customs House Agent from working in one or more sections of the Customs Station, if he is satisfied that such Customs House Agent has not fulfilled his obligations as laid down under regulation 13 in relation to work in that section or sections. REGULATION 22. Procedure for suspending or revoking licence under Regulation 20. - (1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit, within such time as may be specified in the notice, not being less than forty-five days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs.

(2) The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement has been received within the time-limit specified in the notice referred to in sub-regulation (1), direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are not admitted by the Customs House Agent.

(3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs shall, in the course of inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry in regard to the grounds forming the basis of the proceedings, and he may also put any question to any person tendering evidence for or against the Customs House Agent, for the purpose of ascertaining the correct position. 

 Regulation 22(1) provides         the procedure for
                               suspending the licence of an agent.         Hence, as
                               Regulation 20(2) does not lay down the follow up

procedure, the procedure under Regulation 22 is to be followed. Regulation 22 postulates "The Commissioner of Customs shall issue a notice in writing to the Customs Agent stating the grounds on which it is proposed to suspend".. "the licence and requiring the said Customs House Agent to submit, within such time as may be specified in the notice, not less than forty five days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him a written statement of defence and also to specify in the said statement whether the Customs House Agent desires to be heard in person.." Thus, as seen, the agent is not only by notice should be informed of the grounds of suspension but at the same time he should be granted opportunity to submit a written statement of defence "within such time as may be specified in the notice"