• Online purchase

I ordered a massager online which was retained by customs in Mumbai. Now i received a call-cum-show notice saying product is prohibited and is considered as obscene good.I am required to show cause as to why the product should not be confiscated(sec 111 d) and penalty should not be imposed under sec 112 a. 
Can i just ignore the letter as i dont mind if i do not get the product and ready to bear the loss. i do not want a personal hearing.Also if i have to pay the penalty how much would be the penalty - product cost around 800Rs and can i pay the penalty without having to visit personally.
Should i reply to the letter...I just dont want to get into all this...please advice...
Asked 8 years ago in Civil Law

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Import of sex toys is prohibited

2) import of massager is not prohibited

3) You must submit reply that you have not imported sex toy but only massager and import of massager is not prohibited

4) mention that you do not want personal hearing

5) enclose copy of brochures to show that goods are massager and not sex toys

6) if goods are sex toys they would be confiscated abd penalty imposed of around Rs 5000!

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

You must reply to show cause notice

As mentioned earlier goods would be confiscated and penalty imposed upon you

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

It is better that you reply and agree that you order material due to over site that it is banned.

If the product is against the allowed product may confiscated and please also request to agree for any penalty to pay which could be 100% of the product value.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

These situations are routine with customs. If any liability arise, that will be confiscation of product and penalty.

Reply to notice, not advisable to be postponed or avoid, otherwise , authority will pass appropriate order in your absence against u.

Show notice, and contact for proper reply.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Hello,

You may avoid the notice at this juncture. In 90% of cases the custom department will not after you to claim the money, they will just confiscate the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes this means that your product has been confiscated by the custom department.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you have received a legal notice from the customs department, it becomes your duty to give a reply notice either admitting your mistake or denying the allegations.

You can state in the reply that you were not in the knowledge of the laws in this regard hence this is by over sight however you are ready to pay penalty, if any imposed, besides agreeing for confiscation of the product indented online.

This reply notice sent by registered post by you either as party in person or through your advocate would enable you to avoid unnecessary harassment in the legal process future in this regard.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

does this mean the item will only be confiscated??

what should i do if i totally want to avoid this situation

It is the discretion of the competent authority to either stop further action besides confiscation or to pursue with imposition of any penalty thereon.

However a reply would enable you to solve this issue as suggested in my previous post.

.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You cannot ignore this letter but will have to reply to it.

Write to the other that they may confiscate this massage.

Plead ignorance to law.

Ask them to deal the matter sympathetically and not to impose any penalty on you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Please take help through kaanoon in case you wish to seek some assistance with the drafting of this reply.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi,

In my opinion you should reply the show cause notice strongly without admitting any fault on your part and don't pay any penalty.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Your good which you have imported will be confiscated

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

Dear Sir,

The item will be confiscated to Government and you need to pay the fine imposed by the authorities and close the matter. If you pay fine either online or otherwise then your personal presence is not required.

For more details and for effective legal advise, please call me immediately, through Kaanoon Website.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

What they have mentioned is about the disposal of the goods they have confiscated.

If you have received notice from any governmental authority, it becomes your duty to give a reply to avoid the problems that may arise in the future in this regard.

It's up to you to decide further course of action.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

If you don’t appear goods would be confiscated exparte order passed against you

2) send reply to show cause notice as mentioned herein above

3) send DD of rs 500

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

If you will not appear, ex parte order will pass, either hire some lawyer or send your reply via mail. Avoidance of noitce not advisable. Custom is giving you option to return the package, avail that.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer