Case Law Details
Shaikh And Pandit Agencies Private Limited Vs Principal Commissioner of Customs (Calcutta High Court)
Calcutta High Court held that timeline prescribed under Regulation 17(7) of Customs Brokers Licensing Regulations, 2018 (CBLR, 2018) relating to completion of the proceedings and passing of the final order within 90 days from the date of receipt of inquiry report is mandatory in nature.
Facts- The petitioner, as a customs broker, had handled cargo on behalf of different exporters in July/August 2020. The main issue involved here is that the time to pass the order under Regulation 17(7) of CBLR, 2018 expired on 4th May, 2022, i.e., 90 days from the date of submission of inquiry report. The impugned order revoking the petitioner’s license was passed on 11th July, 2022 i.e., beyond the period of 90 days prescribed under the aforesaid Regulation 17(7) of CBLR, 2018.
Conclusion- The issues involved in this Writ Petition is a pure question of law with regard to interpretation of Regulation 17(7) of the CBLR, 2018 and as to whether time prescribed under the said Regulation for completion of the proceedings and passing of the final order within 90 days from the date of receipt of inquiry report is directory or mandatory and this Writ Petition on this legal issue should be heard on affidavits by the respondents.
Held that the petitioner has been able to make out a prima facie case for an interim order as the Inquiry Officer himself has given his finding that the allegation of violation of Regulation 10 (m), (n) and (q) of CBLR, 2018 against the petitioner as “not proved”; Division Bench of the Hon’ble Delhi High Court after considering the judgment of the Bombay High Court upon which adjudicating authority has relied on the timeline as prescribed under Regulation 17(7) of the aforesaid regulation has held the same as mandatory; the Tribunal has already set aside the permanent suspension of the petitioner’s license by its order dated 19th August, 2022.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
