- (1.) This writ application has been filed by the petitioner challenging the communication being Office Memorandum No. F.S. 45-47/2011 Estt. dated 7/10.10.2011 of the Commissioner of Customs, CHA, Customs House, Kolkata, rejecting the application of the petitioner for grant of fresh Customs House Agents Licence, which was considered pursuant to an order dated 17th May, 2011 passed by the Division Bench of this court in Appeal Case [MAT No. 539 of 2011/CAN No. 4007 of 2011/CAN No. 4008 of 2011]. The relevant portions of the impugned communication are set out herein-below:-- "... in compliance to the above judgment passed by the Hon'ble Division Bench of Calcutta High Court the application for CHA Licence of your concern has duly been examined and on verification it has been found that the proposed actually engaged person i.e. Shri Montosh Saha is not qualified under Regulation 8 of CHALR'2004 and therefore M/s. M.K. Saha & Co. is not entitled to get a CHA Licence in terms of Regulation 9(1) of CHALR'2004. Moreover, on verification of the antecedents of Shri Montosh Kumar Saha it has been found that a Charge Sheet vide No. 260/10 dated 13.09.2010 u/s. 419/468/471 IPC has been lodged at Baranagar P.S. against Shri Monotosh Saha which does not support an unblemished record."
(2.) The petitioner Monotosh Kumar Saha and his brother Debtosh Saha were partners of a partnership firm M/s. Saha Shipping Agency, which carried on business, inter alia as clearing agent. The petitioner was granted a temporary Customs House Agent Licence No. S-60 in 1995. The licence was later confirmed and renumbered as S-64 vide an order dated 5th October, 1996.
(3.) It transpires that disputes and differences arose between the petitioner Monotosh Kumar Saha and his brother Debtosh Saha and the said Debtosh Saha lodged an FIR against the petitioner, Monotosh Kumar Saha, at the Baranagar Police Station. The said Debtosh Saha also made representations/complaints to the Commissioner of Customs for suspension of the Customs House Agents Licence granted to the petitioner.;