HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 11 OF 2008 The Commissioner of Customs (General).. Appellant Versus M/s. Burieigh International ... Respondent Mr. A.S.Rao with Mr.H.P. Chaturvedi for Appellant. Mr.H.R. Shetty for Respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: MARCH 13, 2008 DATED: MARCH 13, 2008 DATED: MARCH 13, 2008 P.C. P.C. P.C. . The attention of purported misconduct came to the notice of the appellant on 22.11.2006. The order of suspension was passed on 13.6.2007. Before passing the order of suspension under Regulation 20(2) the procedure as contemplated therein was not followed. . In the instant case the tribunal by its impugned order has held that the order of suspension was passed seven months after the alleged misuse came to the notice of the appellant. Regulation 20(2) no doubt confers power to suspend pending enquiry. The said sub regulation however, requires that it can be done in an appropriate cse and after following procedure under Regulation 20(2). . In our opinion, considering the passage of time between detection alleged mis use and order of suspension and the failure to comply with regulation 20(2), we find no fault with the order of the tribunal. The question of law as framed would notarise. It will be open to the appellant to conduct enquiry if in law they are entitled to. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)