- (1.) This is an application filed by the writ petitioner challenging an order dated 21st April, 1995 passed by the Respondent No. 3 revoking .the Clearing Agency Licence issued in the name of M/s. Seaking Shipping Agency, Calcutta under Rule 21(b) and (c) read with Rule 23(7) of the Customs House Agents Licencing Regulation, 1984. The said order has been issued for violation of Rules 14, 14(d) and 20(7) of the said Regulations. The said order was passed inter alia for that the writ petitioner and his employee participated in effecting illegal import of integrated circuits, misdeclaring the same as transistors of such lower value at the Air Cargo Complex, Calcutta.
(2.) The facts of the ease are as follows:-- On 23rd March, 1994 Directorate of Revenue Intelligence (hereinafter referred to as D.R.I.) seized goods relating to Bill of Entry No. 668. On 29th March, 1994 D.R.I, seized goods relating to Job File No. 21A/13. On April 1st, 1994 D.R.I, conducted searches in the house and office of the writ petitioner and documents were seized. Thereafter, interrogation took place. On 2nd April, 1994 writ petitioner was arrested and was remanded to jail custody by the Chief Metropolitan Magistrate, Calcutta till 16th April, 1994. On 4th April, 1994 Collectorate of Customs suspended the Customs House Agents Licence of the petitioner. On 9th April, 1994 on certain conditions petitioner was released from bail by the Hon'ble High Court. On 29th April, 1994 the petitioner filed the writ application challenging the said order of suspension. On May 2nd, 1994 the said writ application was dismissed for non-prosecution since the writ petitioner withdrew the said writ application. On May 23rd, 1994 the petitioner applied to the authorities for restoration of the licence. On July 7th, 1994 the second writ application was moved infer alia for direction upon the Collectorate of Customs to dispose of the representation filed by the writ petitioner on May 23rd, 1994. The said writ application was disposed of on the same date by his Lordship T. Chatterjee, J. On August 12, 1994 D.R. I., submitted the enquiry report to the Collector of Customs. On September 13th, 1994 petitioner moved a writ application and the said application was disposed of by Her Lordship Mrs. R. Pal, J. extending the time for consideration of the representation of the petitioner within a period of two weeks from the said date. On 14/16th September, 1994 hearing took place before the Collector of Customs and on 26th September, 1994 the said representation was rejected by the Collector of Customs as being premature. On September 27th, 1994 Collector of Customs issued Show Cause Notice to the writ petitioner. On October 20, 1994 the writ petitioner an order was passed by his Lordship N.K. Mitra, J. on the said application. On October 21st, 1994 petitioner was detained under Conservation of Foreign Exchange & Prevention of Smuggling Activities Act. On June 5, 1995 petitioner filed an appeal from the order passed by His Lordship N.K. Mitra, J. before the Division Bench presided over by the Chief Justice and R. Pal, J.
(3.) The Division Bench was pleased to direct to complete the proceedings within the time framed by the Division Bench. In view of that on 31st January, 1995 petitioner filed written statement in defence to Show Cause Notice dated September 27, 1994. On February 1st, 1995 petitioner requested the Enquiry Officer, being the Assistant Collector of Customs, to issue summon for cross-examination to the concerned Appraisers physically checked the said consignment and gave pass out orders. Since the time was expired, in the meantime, on February 21st, 1995 an application was filed for extension of time for submission of the Enquiry Report by a further period of four weeks. On the said application the division Bench was pleased to direct that if witnesses do not choose to appear, it will be up to the Enquiry Officer to complete the Enquiry on the materials available before him. On 21st March, 1995 the Enquiry Officer submitted his Report. The allegation of the writ petitioner that the witnesses required for cross-examination were summoned under Section 108 of the Customs Act, 1962. On April 20, 1995 the petitioner submitted his representation under Regulation 23(7) of Customs House Agents Licencing Regulations, 1984 to the Report of the Enquiry Officer. On April 21st, 1995 the Collector of Customs revoked the licence of the writ petitioner. Thereafter, on August 24th, 1995 the instant writ application was moved for this relief.;