Suspension of Customs Broker Licence without affording adequate opportunity of being heard is unjustified

Richmark Shipping & Logistics Pvt. Ltd Vs Commissioner of Customs (High Court Andhra Pradesh)

Andhra Pradesh High Court held that order for continuing the suspension of Customs Broker Licence without affording adequate opportunity of being heard is against the principles of natural justice. Writ disposed off with direction to submit written explanation within specified time.

Facts- Petitioner company is a Customs Broker. Petitioner company contacted NOOR AL SHAWAL GENERAL TRADING LLC, an exporter of dried dates, and on terms of the trade, commenced the process for import of 56,000 Kg. of dried dates by issuing a purchase order, vide Invoice No.RM-22-23-001, dated 02.01.2023. Next, the exporter issued a Commercial Invoice-cum-Packing List No.TD2301011, dated 23.01.2023. On complying the statutory requirements, the exporter exported the goods on 05.02.2023 through Globe Opus Shipping Line UK Ltd.

Petitioner being Customs Broker filed a Bill of Entry declaring the cargo as Dried Dates and the import value as Rs. 16.37 lakhs. However, on examination, it was found that the cargo contained both Areca Nuts and Dried Dates. Believing that the petitioner mis-declared both the value and goods, the Customs Authorities seized the goods.

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