The High Court dismissed the appeal filed by a customs broker challenging the Single Judge's order upholding the suspension of his licence and directing completion of enquiry proceedings under Regulation 19 of 2013.
The writ appeal was dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939
WA.No. 677 of 2018 IN WPC. 1288/2018
AGAINST THE JUDGMENT IN WP(C) 1288/2018 of HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER
M/S CARGO CARE INTERNATIONAL, 2ND FLOOR, HINA HOUSE, K.P.K.MENON ROAD, WILLINGTON ISLAND, COCHIN-682003, REPRESENTED BY ITS MANAGING PARTNER, BENNY FRANCIS.
BY ADVS.SRI.P.A.AUGUSTIAN SRI.M.A.BABY SMT.LINDA.M.J.
RESPONDENT(S)/RESPONDENT:
COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN-09.
R1 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF EXCISE & CUSTOMS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 677 of 2018 IN WPC. 1288/2018
APPENDIX
APPELLANT'S ANNEXURES
JJJ
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
Writ Appeal No. 677 of 2018 -----------------------------------------Dated: 21st March, 2018
J U D G M E N T
Antony Dominic, C.J.
The appellant, a customs broker licenced under the Customs Brokers Licensing Regulations, 2013 ('Regulations' for short) filed W.P.(C) No.1288 of 2018 challenging the orders passed by the respondent suspending the licence, in exercise of the powers under Regulation 19 of the Regulations. By the judgment under appeal, the learned Single Judge disposed of the writ petition declining to interfere with the order of suspension and at the same time directing that further proceedings in terms of Regulation 20 shall be completed, at any rate within three months. It is this judgment which is challenged.
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W.A. No.677/2018
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may pass such orders as he deems fit, either revoking the suspension or continuing it.
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period of 90 days from the date of receipt of an offence report and the Regulation does not contain any further provision in the event of its non compliance. Therefore, we are not persuaded to think that the 90 days' period prescribed in Regulation 19(1) is one of limitation, as contended by the learned Counsel for the appellant, rendering further proceedings under the Regulation invalid.
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The writ appeal is dismissed. No order as to costs.
Sd/ANTONY DOMINIC, CHIEF JUSTICE.
Sd/-
DAMA SESHADRI NAIDU, JUDGE.
jjj 21/03/2018
2 issues framed by the court
Whether proceedings under Regulation 19 of the Customs Brokers Licensing Regulations, 2013 are time barred due to a 90-day period.
Whether the suspension of the appellant's customs broker licence was justified and valid.
2 provisions across 1 enactments
M/S CARGO CARE INTERNATIONAL
COMMISSIONER OF CUSTOMS
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
