2026-VIL-1439-CESTAT-MUM-CU
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CUSTOMS CESTAT Cases

Customs Broker Licensing Regulations, 2018 – Suspension of License – Mandatory Procedure under Regulation 16(2) – Whether the respondent authority can legally continue the suspension under Regulation 16(2) when the mandatory post-decisional hearing, which was to be held within fifteen days from the date of suspension, was conducted beyond the prescribed statutory period entirely at the instance of the respondent authority itself – HELD – The expression "shall, within fifteen days" contained in Regulation 16(2) unmistakably indicates that the timeline is mandatory and not merely directory, constituting an important procedural safeguard against arbitrary or prolonged suspension. The legislature has mandated that the Customs Broker shall be afforded a post-decisional hearing within fifteen days from the date of suspension, recognising that the initial suspension is ordered without granting a prior hearing on account of the urgency of the situation. The statutory safeguard cannot be diluted by administrative convenience or procedural delays attributable to the licensing authority - A timeline prescribed by law cannot be modified by administrative action. The respondent could not enlarge or extend a statutory period fixed by the delegated legislation. Acceptance of such a proposition would render the safeguard contained in Regulation 16(2) wholly illusory and would defeat the legislative intent underlying the provision. The conduct of the respondent itself, by postponing the hearing beyond the prescribed period, belies the existence of compelling urgency as would be required to invoke Regulation 16(1). The rule of law demands equal fidelity to both substantive powers and procedural safeguards – The impugned order is set aside. The continuation of suspension of the appellant's Customs Broker Licence stands revoked – The appeal is allowed
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