• Held by Chennai customs

Hi Sir,

I have ordered rifle scope from AliExpress but I don't know it's restricted product in India. Now it is held by customs from19th last month. If it's restricted I don't want. I don't know they sent any letter or something. Till now I not received anything. Shall I contact them ? What I have to do now? Is there any legal issue. Some where I read they will attest. 

Please help me on this.
Asked 4 years ago in Civil Law

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21 Answers

Hello,

No they will not arrest.

Do not worry till the times you receive any notice.

Do not contact them.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You would have to wait. Sometimes customs clearance may take up to several weeks and you can’t accelerate the process.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir the custom will issue a show cause notice,and can also arrest you as it is restricted item in the FTP, so it is better to approach custom officials and settle the issue as it for personal use they can settle the issue . In case any charges are framed then it will be a issue and Anticipatory bail need to be obtained.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It all depends upon sections. Usually some fine will be imposed. It is not a so big issue. The power of imposing sentence lies with the Courts.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You may contact the custom officers regarding the consignment your order from aliexpress you can give an affidavit that you was not aware of the restrictions on the product to be purchased from outside India without licence you can also offers in the everyday wit that you are going to avoid any penalty if imposed in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You would be issued show cause notice as to why rifle should not be confiscated and penalty not imposed upon you

2) as and when you receive SCN contact a local lawyer and submit reply to SCN

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

hello

if it is on the restricted item list then definitely they will not send it to you. also, the commissioner of customs will send you a notice and then you can clarify that you did not know about the product being restricted and hence should send it back. you can also contact the website and tell them to take the delivery back as you can't use it here.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. First the customer official will send you a notice.

2. Please check with the customer 30 if the things can be sorted out only by the payment of penalties in this regard otherwise you have to go to an advocate to arrange your anticipatory bail.

3. In any case the product which is private had to bring in the country without licence will be confiscated and destroyed.

4. You need to speak to a lawyer to arrange the anticipatory bail as the material to ordered is offensive of nature.

5. Yes you cannot purchase are possess any of these kind of material which is punishable under arms act

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Notice would be issued to you to show cause as to why goods should not be confiscated

2) get reply drafted by lawyer

3) they would confiscate the rifle and impose penalty on you

police would register cases under various sections of Arms Act of 1959 including 25 (1) (b), (a), (e) and (f) read with section three of the Act, which says that: “No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act.”

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Sir since it is a since scope and not commercial import they will send you a show cause notice further the custom officials can though probability are less but can arrest you.

2. You have to reply same with help of the lawyer.

3. In customs there is Assistant Commissioner/ Commissioner the First adjudicating authority they shall adjudicate the Show cause notice in case the criminal case then you shall be produced before magistrate of which probability is very less.

4. Customs,

5. Though no as such problem on shooting rifle as it can be purchased without license and membership.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Send notice

2. contact a local lawyer, who may draft a reply for you

3. They will send the same back

4. to the place where they ask you to appear

5. In India you can not have any arms in possession without a license, so there can be a problem if proceedings are initiated.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You can wait for their notice. But, most of the time they communicate through email or even through a phone call.

2. In case, if you receive notice / oral intimation then approach a lawyer to respond appropriately via legal notice.

3. If the product caught by chennai customs then you would initiate case against you with chennai based court.

4. I suggest you to co-operate with them.

You may contact me for further information.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. They'll send you a notice of confiscation. You can reply to this notice through a lawyer.

2. Reply through lawyer, that's better. Or get your reply drafted by a lawyer.

3. No, to the customs.

4. No proble. Consult a lawyer after receiving this notice

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Persons involved in smuggling and other modus operandi of imports and exports, in violation of prohibitions/ restrictions in vogue or with intent to evade duties or fraudulently claim export incentives are liable to serious penal action under the Customs Act. The offending goods can be confiscated and heavy fines and penalties imposed. There are also provisions for arrests and prosecution to deter them from smuggling and commercial frauds-which seriously affect the economy and even society at large when it comes to sensitive goods like drugs, arms and ammunition. The following paras briefly indicate the provisions in law for seizure, confiscation of goods, imposition of penalties by adjudication. Later paras indicate the arrests and prosecution provisions.

Seizure

An officer of Customs can seize any goods, if he has reason to believe that the same are liable to confiscation, under the Customs Act. The proper officer may also seize any document or things that may be relevant to any proceedings under the Custom Act. However, the person from whom these documents are seized is entitled to make copies of the same.

The person from whom the goods are seized is issued a show cause notice, usually within six months. However, the Commissioner of Customs, on sufficient cause being shown, can extend the time period for issue of Show cause notice, by a further six months.

In case the seized goods are perishable or hazardous in nature or is prone to depreciate in value over time or for reasons of constraints in space, the government can notify these goods and these goods can be disposed off before the conclusion of the proceedings eg. All electronic goods, Currency, Liquors, P&P medicine, Gold, Silver etc.

Confiscation

The word ‘confiscation’ implies appropriation consequential to seizure. The essence and the concept of confiscation is that after confiscation, the property of the confiscated goods vests with the Central Government.

The adjudicating authority makes the decision regarding confiscation of goods. The specific/ different categories of violations under which the import or export goods are liable to confiscation, are enumerated in Section 111 and 113 of the Customs Act. In general, the goods that are attempted to be smuggled into or out of the country, by route other than land routes or is attempted to be cleared by way of misdeclaration in quantity, description or value etc are liable to be confiscated. The import or exported goods are also liable to confiscation if there is an intention to evade Customs duty or to fraudulently avail the benefits available under various export promotion schemes, such as duty drawback, DEPB, 100% EOU etc.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

They will send notice to you to pay customs penalty for whatever reason it is seized by them.

You can reply yourself but its better to contact lawyer as he can handle the issue better.

It depends on under what section they have seized the goods.

No. You will need to visit custom's office.

It can create legal issue if the rifle you order is banned in India. So its better to take help of good lawyer in this.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You cannot import a restricted item.

Have you received any notice.

If not await the notice and you may plan to initiate legal process after that to save your skin.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

They will first send a show cause notice.

Police will not be involved in this stage.

You can give a reply by yourself or can engage a lawyer to send a reply from your side.

The customs have rights to confiscate and prosecute you.

Not necessary you can give a reply notice through your lawyer.

You must wait and watch.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You do not have to contact the authorities directly but have to wait for them to send the notice to you. If the product has not been dispatched asyet, you should try to cancel the order.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You just received a notice from the authorities and no police would be sent in such case. As it is just a scope, in all likelihood you would be left after paying some penalty and the product would be confiscated by the custom authorities.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

First I will advise to contact the courier company because they will give you best way as they may dealing such problems daily.

Secondly there is no problem if you go there and ask the reason because they may ask you the simple question related to your licence and necessity,so please go there don't worry and take steps accordingly they are not going to or shall be interested to sue you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

They will send notice first.contact a lawyer and if they send a notice then draft a reply and if they are not satisfied then they'll call you to Chennai.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

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