, I need help. I have received a call-cum-show cause notice for import of obscene item today from Office of the Deputy Commissioner of Customs regarding a package bought online. I'm not sure how to respond. Can I email them or do I need to send a written letter? Can you help with this? What are the implications of this? I live in Hyderabad - do I need to go to Mumbai per the notice? I have typed out the physical letter below for your reference. Thanks ---- CALL-CUM-SHOW CAUSE NOTICE 1. Whereas Shri ...name... resident of ...address... "the said goods" having assessable value as Rs. 80.619424/- vide Tracking no. rg783215791cn and M / MP No. 36245/2018. The said goods were duly assessed by the Customs authorities on the basis of the declaration available on the parcel / packet and were seized as import of the said goods by post is prohibited / restricted. 2. Whereas the said goods are obscene material, import of which is prohibited as per Section 292(i) of the Indian Penal Code read with Section 111 of the Customs Act, 1962 and the said goods are liable for absolute confiscation. Notification No. 1/1964 — Customs dated 18.01.1964 prohibits the import of any obscene book, pamphlet, paper, drawing, painting, representation, figure or article. 3. Whereas the said goods are liable for absolute confiscation under the provisions of Section 111(d) of the Customs Act, 1962 and the importer is liable for imposition of penalty under Section 112(a) of the Customs Act, 1962. 4. Now therefore, Shri ...name... resident of ...address... to show cause to the Superintendent / Appraising Section having his / her office at 2nd floor, Videsh Dak Bhawan, Foreign Post Officer, Ballard Estate, Mumbai — 400001 within ten (10) days of receipt of this notice as to why: (a) OBSCENE having declared value / fair value as Rs. 80.619424/- imported by Shri ...name... should not be confiscated under Section 111(d) of the Customs Act, 1962. (b) Penalty should not be imposed upon the importer under Section 112(a) of the Customs Act, 1962.
Dear Client,
This is usual approach of customs whenever any banned item is imported. Write them back or email, you had no such knowledge that ordered item in banned and in ignorance of such fact, mistakenly placed an order. And order was not placed willfully but in haste clicked the purchase button. And request amnesty.
Hello,
you dont need to go to Mumbai personally
2) you have to reply to SCN
3) mention that goods were imported for personal use
4) you have no objection to goods being confiscated
See in this case you can do just one thing you can deny that you imported said items though they shall have billing details and order necessary import documents so the penalty shall be levied by the Adjudicating authority and you need to pay same and the goods shall be confiscated.
You can send a written reply by registered post replying the contents of the notice and if you wish you can appear for personal hearing or through reply can waive your rights of personal hearing and in case the matter shall be adjudicated and you need to pay the penalty amount as imposed.
You need to send a proper reply through lawyer. Nothing to worry. At the best, items can be confiscated. If reply is satisfactory, they will not call you in their office.
The importing a prohibited product is a punishable offence and you need to appear before the custom officers who has issued the show Cause Notice you have to pay the penalty imposed on this regard and also provide affidavit that you had no information about this product been prohibited and advise them to discard the product to save yourself
I'd you don't go at the most the said goods will be confiscated. You can also reply to the notice but later it will start the legal process and you will have to appear before the authority.
Since the import of sex toys is illegal and restricted, you are required to give a reply to the notice stating that you are not aware of teh existing law on this and may ask the authorities to confiscate the item and waive your personal appearance before them and to close this matter in your absence accepting your apologies.
You may give a reply notice either by yourself claiming innocence about the law or through an advocate.
