• Importing sex toy - show cause notice issued under sec 124 of CA 62

Sub:OFFENCE-Import of goods by post without the coverage of valid import license contravention of sec.3 to foreign trade(Development and Regulation) Act 92-proposed action under the customs act.62 ISSUE OF SCN-reg 
Description of goods obscene article
1.the above detailed parcel/LMA was presented by Cochin foreign post office for customs examination and clearance on today.on examination the contents were found to be as detailed above 
2 As per tge provisions contained at cl.3(1)(i) of the foreign trade order 93 import of the articles listed at SI.no(1) above is not permitted for import whether as gift or otherwise with out the coverage of valid import license/CCP issued under the foreign trade (regulation) rules.1993 sec 3(1)and sec 3(2) ,of foreign trade ( development and regulation)act,92 and the Hand book of procedure vol.1 of the export-import policy ,2004-2009

As per sub section(2) of section 292 of Indian penal code import of goods listed as Si.no1 is prohibited.so as per notification no.99/56(SRQ 1222) as amended issued under sec 11 of the customs act,62 read with rules 192(b)of the postal rules, public notices 133 dated 26-11-62 of of the G.O.I import of obscene literature, pictorial representations.or films,indicating video film.photographic negatives,etc.accordingly,the items listed at SI.no .1 above is found to be prohibited for import in to India.
3.therefore ,for the reasons enumerated at para 2 above in accordance to provisions of sec 3(1)to the foreign trade(development and regulation)act 92 read with sub sec (2) and (3) to the said foreign trade act,92 clause 3(1) to the foreign trade order 93 an offence attracting the provisions of sec 11 of the customs act ,62 is seen committed rendering the said goodx liable to confiscation under sec 111(d) of the customs act,1962 and sec 111(m) of the customs act ,62 and the importers liable for penal action under sec 112 ibid without prejudice to any other action that may be initiated under the said customs act or any other law for the time being in force.
4.you are,therefore,hereby called upon to show to sr.postal appraiser/addt. Commissioner of customs Cochin within 10 days from the date of receipt of thid notice with all evidence in original upon which they wish to rest your case of defence .you may also state in your written representation as to to whether you wish to be heard in person before the case is finally decided. you are further informed that,if you fail to submit your written representation within the above stipulated time limt or if fail to appear for personal hearing at the appointed date and time the case will be decided ex-prate on the stre6 of the available evidence on record without any further reference to you in this regard. 
 Senior postal appraiser. 
What happens if i not responding within 10 days. how to escape from this case.