ORDER
S.L. Peeran, Member (J)
1. This appeal arises from order of suspension of the licence granted to the appellant at Vizag by the Commissioner of Customs, Vizag vide his order dated 29-4-2005. The main grievance of the appellant is that even in terms of the order of suspension impugned, the CHA has been licensed to function independently at Chennai, Calcutta and Mumbai and at Vizag Custom Houses. He points out that for certain offences alleged, the licence of CHA at Chennai Port was suspended by the Commissioner of Customs, Chennai and the same was intimated to the CC, Vizag. Ld. Counsel submits that when there is no offence committed by the appellant at Vizag Port, hence the suspension order by CC, Vizag against law. The impugned order also refers to the alleged offence committed at Custom House, Madras and suspension done by CC Chennai and on that count, the licence of CHA at Vizag has been suspended by Vizag Custom House. He submits that the issue covered by the judgment rendered by the Tribunal in the case of Vistas Shipping Services Pvt. Ltd. v. CC (Sea) Chennai, and Swen Agencies Pvt. Ltd v. CC Tuticorin, wherein in both the cases, the Tribunal has set aside the order of suspension of an licence issued at one place and suspension has been done at another place for alleged offence of the CHA at the first place,
2. Ld. SDR seeks time to get report in the matter. However, on being pointed out to the judgments cited, he submits that although the judgments are clearly applicable to the facts of the case, yet he would like to get a report in the matter.
3. On careful consideration of the submissions, we notice that appellant’s operation at Custom House Vizag has been suspended. The appellant has been given separate licence at Vizag. The impugned order clearly mentions about a separate licence having been issued to the appellant at Chennai, Calcutta and Mumbai Custom Houses. The ground for suspension is that the appellant has committed offence at Chennai Custom House and the suspension at Chennai Custom House has been intimated by CC Chennai vide F. No. 669/CHA dt. 6-4-2005. This cannot be a ground for suspension of licence at Vizag as held by the Tribunal in both the cited cases. Respectfully following the ratio of the cited cases, the order of suspension dt. 29-4-2005 in F.No. 82/6/86-IMP (CHA) dt. 29-4-2005 is set aside with immediate effect. Registry to issue the order out-of-turn.
(Dictated and pronounced in the open Court)