Law:

Section:

(a) Customs Rules, 2001--- ---Rr. 103 & 104(3)---Action in case of violation---Scope---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suspension of licence of customs clearing agent by the Licensing Authority---Scope---Suspension of licence pending action under R.103 Customs Rules, 2001 was an exceptional circumstance which could only be resorted to by the Licensing Authority where it considered immediate action to be necessary---Order of the Authority, in the present case, failed to set out the reasons for immediate action, and had not even stated that the Licensing Authority had any reason considered necessary by it to suspend the licence of the Agent forthwith---Validity---Right of the Agent to conduct its business, among other things, was a constitutionally protected right---If such right was to be curtailed, there should be valid justification for such curtailment---Rules 104(3) of the Customs Rules, 2001 envisaged an application of mind by the Licensing Authority to justify immediate suspension of a licence---Rationale of R.104(3) of the Rules was to protect the right of a Customs Clearing Agent to carry on his business, pending inquiry, except in extraordinary circumstances spelled out by the Licensing Authority to justify immediate suspension of his licence---Impugned order, therefore, was not legally sustainable to the extent it ordered immediate suspension of the licence of the Agent---Suspension of licence pending final adjudication under R.103, Customs Rules 2001 was therefore, declared to be illegal by the High Court---High Court, however, observed that present order of the Court, shall not, in any manner, preclude the Licensing Authority from initiating further proceedings under the Rules. (b) Customs Rules, 2001--- ----R. 103(2)---Action in case of violation---Appeal envisaged under R.103(2) of Rules was only in respect of final orders which might have been passed under R.103, Customs Rules, 2001. JUDGMENT JAWWAD S. KHAWAJA, J.---This writ petition impugns the order, dated 6-9-2002 passed by the Licensing Authority, Customs Dryport, Lahore. Since the contents of the impugned order are relevant for the purpose of…

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