- (1.) In this writ application the petitioner has, inter alia, challenged an order being Establishment Order No. 240 of 2009 dated August 14, 2009 passed by the Commissioner of Customs (Airport & Administration) Customs House, Kolkata under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004 suspending the operation of the Customs House Agents Licence No. R-15 (PAN No. AABCR4323D) held by M/s. Rubee Air Freight Ltd. with immediate effect.
(2.) The power of the Commissioner of Customs to suspend a Customs House Agent's Licence has been questioned. This Court, however, is of the prima facie view that power to suspend Customs House Agent's Licence does exist and in appropriate cases, where there is immediate necessity of issuing an order of suspension, the requisites of Regulation 22 need not be complied with.
(3.) The power to suspend a licence is, however, drastic and entails irreversible civil consequences for the licencee. The power to suspend thus, ought to be exercised cautiously. Orders of suspension without prior opportunity of hearing might only be issued in exceptional cases, where having regard to the nature of the misconduct and/or offence alleged. It would not be expedient to allow the Customs House Agent concerned to enter the Customs area and transact business.;