• Regarding show cause notice for sex toys

Hi,

I have ordered for sex toys online from Aliexpress and received a call-cum show cause notice from customs to reply within 10 days. I changed my name slightly on the order so that it is different and no surname is mentioned though my mobile number is mentioned. The show cause is on the altered name. 

The show cause asks me reason why my order should not be confiscated and any penalty imposed under section 112(a) of customs act.

1. Should I reply to the customs notice with my full name ?
2. I am willing to pay penalty and hopefully be done with this issue
3. I do not want a personal hearing and how is a call-cum-show cause different from show cause notice ?
4. Can I reply on email instead of written reply??

Regards
Asked 7 years ago in Civil Law

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12 Answers

Hello,

If you give a reply then give it with your proper name. Also, just in the reply mention that you want to settle the matter and then the same will be setteled.

You may also get in touch with a lawyer who may help you in making reply and settling the issue.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) You can visit to custom office and meet the officer.

2) You should do confiscation under section 125 of Custom Act and pay fine and close this chapter.

125. OPTION TO PAY FINE IN LIEU OF CONFISCATION.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Reply to the said notice informing that you have not placed any order for the said item.

2. Your said ordered item shall be confiscated by the customs authority.

3. These types of cases arises daily in numbers and the standard operation procedure to counter the notice is to deny having ordered the said item.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Firslty, Sir, I would like to advice you to give reply through players post in a proper manner.

Secondly, go through the notice carefully and then make a reply to it.

Thirdly, try to disclose that being a responsible citizen of our country you would not repeat it again as you know selling and buying sex toys are illegal in India.

Fourthly, going there may be not a good idea intially for a reply or the notice.

Rest, would feel fortunate to help you further in future...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Sir since the order is placed at your address with your number the intelligence unit in custom if wish to can track you so it is better to reply show cause notice, the goods shall be confiscated the AddL. Commissioner shall pass Order in Original will levy penalty on you. you can pay that amount and get rid of the matter.

2. Second way can be you can deny that you order that item can put in your reply that somebody intentionally framed you but see in that case matter shall be stretched and you can have to still pay fine as they can in consignment see mail or track order so its better to pay the penalty and close the issue.

3. you can mention in your show cause notice that you donot want be heard personally. In call cum show cause notice you can go pay penalty and get rid of it in show cause notice it has to be adjudicated on merits also.

4. give reply vide a letter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

hello,

sex toys are illegal in India which people do not know. you should reply to the notice via mail and a written reply via speed post. you should tell them that you did not know the law and it is a 1st time. hopefully, they will let you go. if you do not reply and they take any step, then you would not be in a position to negotiate with them.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

when u r willing to pay, u can reply online seeking your absence for personal attendance before authority and also to pay fine online to avoid further complications. After their reply, go head.

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

You should reply to show cause notice in your name

2) in reply mention that you have no objections to goods being confiscated

3) you do not require personal hearing

4) send reply by registered post

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Importing sex toys eventually buying from online sites is illegal and most of the parcels are caught at Postal Appraisal section by customs . Section 292 of the Indian Penal Code has banned the sale of any obscene object in India. Since you have been issued a show cause notice you should engage a lawyer and reply through him to the notice received by you.

In your defense you can state that you bought the good for your personal use, and not for the purposes of trade. Or take another defense as total denial. Which means you were not ordered such items and it may confiscated to custom department. You need to reply to the show cause notice without delay as any delay can attract penal action. Appear before the authority through the lawyer

1) you have to contact local lawyer and reply to show cause notice .

2) request for personal hearing

3) state you have bought it for personal use .

4) in the alternative submit that you have no objection to goods being confiscated and are willing to pay penalty

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

1. I would advise you to reply to the show Cause Notice sent by the customs department.

2. You reply should state that you do not have any problem if the sex toys are confiscated by the authorities. Pray that no find me please be imposed on you as your acts were not deliberate and you are not a repeated offender.

3. You can mentioned in your reply to the show Cause Notice praying the authorities to dispense your appearance in the said case and it would be at the discretion of the custom authorities to allow your request.

4. No.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

No, with same name given in order. clear this only when dispute arise as to of name.

Don`t agree with penalty, just reply that is was not in your knowledge that ordered toy is prohibited.

Reply via mail/registered mail is fine. Routine cases for customs.

Do both.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1. Since you have received notice it becomes your duty to give a reply to the notice. You can give a reply on the basis of the notice mentioned name itself

2. First you give a reply pleading innocence of law, let the authorities decide, because until you are notified about the penalty, you cannot pay.

3. You can request to dispense with your personal appearance in the reply notice.

4. Since you have received the notice by post, it is better you give a reply by post.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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