SWATANTER KUMAR, J.

( 1 ) THE petitioner impugns the order dated 5th January, 2005 passed by the commissioner of Customs, New Delhi, inter alia on the following grounds:- 1. The order is violative of principles of natural justice as neither the petitioner was granted an opportunity of being heard prior to the passing of the order, nor it ex facie demonstrates application of mind by the competent authority; 2. The maxim audi alteram partem would have to be read into the provisions of regulations 20 (2) of the Custom House Agents Licensing Regulations, 2004 (hereinafter referred to as the Regulations ), its violation vitiate the order; 3. The respondents having issued a show cause notice to the petitioner under Section 124 of The Customs Act, 1962 (hereinafter referred to as the Act ), there was no purpose of invoking the provisions of Regulation 20 (2) of the Act and furthermore the respondents have failed to adhere to the procedure prescribed in Regulation 22 of the said regulations; 4. In any case the order is an arbitrary exercise of power and is liable to be set aside.

( 2 ) HAVING noticed the contentions raised on behalf of the petitioner, we may now refer to the facts giving

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