• Sex toy imported from aliexpress

I ordered a sex toy from aliexpress and now have received a letter from the Ahmadabad customs office requesting purchase invoice , id and bank details. also they are asking if i would like to have a show cause notice and also to inform whether i want to be heard in person before adjudication or otherwise. 
please any help will be greatly appreciated
Asked 5 years ago in Civil Law

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22 Answers

Dear Sir,

Please reply the notice and attach all documents asked by the customs department to you. You can request aliexpress.com to provide remaining documents which are not with you but such documents which aliexpress.com can easily provide you. Please sned email to aliexpress.com and get soft copies of documents and get print and attach to reply.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Importing obscene good in India is prohibited and it is for this reason, that you have received a notice from the Customs Dept.

In case you are ready for the confiscation of the product and do not want to contest this issue, tender an apology to the customs dept. and request them to close this matter without imposing any penalty upon you by confiscating the sex toy in question. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You must reply to show cause notice that you ha e no objections to goods being confiscated 

 

2) you  do not want personal hearing 

 

3) that sex toy was imported for personal use only and you were not aware that import of sex toy is prohibited 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1) You have to send them relevant documents what they have asked for otherwise they will send you show cause notice and ask you to pay fine as per custom act.

 

I can resolve your problem without knowing to your family members.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Make a proper reply to the letter and provide required documents with a request to exemption from personal hearings,

also, explain to them that the toy was for personal use only and you were not aware that the same is ban in India and you have no objection is same is destroyed.

 

For your information, there is a drastic increase in such type of complaint (sex toys import) for 6-7 months and many of them are FAKE.

therefore, I advise you to get the same verified whether the letter was genuinely dispatched from the CUSTOMS or someone is cheating persons like you, after getting relevant DATA from some source.

such cases seem suspicious to me.

a detailed discussion will be fructified for you

 

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

It depends on you. You can reply the same through advocate or don't prefer to reply. In such cases they mostly levy fines to you. Mostly they confiscate the parcel.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Client,

Just don`t send anything, and reply that you have not ordered anything like that. Personal hearing not require. Tribunal will pass penalty order around rs. 500 max. which will be payable through DD.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

 

- No need to be afraid on this.

- This is normal procedure while importing any goods from international market. 

-  W.r.t Show cause notice, it might be just to seek your revert whether the article was purchased with or without custom duty.

- Generally it is asked to pay online but might be no specification of goods written (keeping in mind sex toys and your privacy) custom would like to know the same.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

See since you have imported same the toy shall be confiscated and penalty shall be imposed. The import of sex toy in India is illegal.

So in your reply you can mention you don't want the parcel and you order same by mistake.

There will be some penalty pay same .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can reserve right for personal hearing, further can show your intent to return the order so you can ask that the show cause is not required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

I advised you to visit personally, instead of reply of it. 

They will confiscate the toy and generally levy penalty of Rs.5,000/- after your admitting guilt and plead ignorance.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Because importing sex toy in India is illegal and as such your consignment has been stopped by the custom department 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

show cause notice will be issued in terms of sec 124 of the customs act. 

parcel (sex toy) is prohibited under export - import policy issued by ministry of commerce, govt, of india , new delhi ,
paara 2.6 of ftp read with HBP vol 1 of 2009-2014.

It is advised that you supply the documents accordingly

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can waive personal hearing 

 

submit reply as mentioned herein above 

 

sex toy would be confiscated and penalty imposed on you 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

No need so please go to the office with a written reply in person or through a lawyer and get your toy released by paying the custom duty as prescribed.In my opinion this is a banned item so don't claim it and say you have not ordered if not paid on line some one blackmailing you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

you have to explain that you are not at fault and produce all evidence in support of your reply.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You should respond to the letter immediately with adequate facts and proof. Tell them that you didn't know that it was prohibited to export sex toys and pray for an apology.

They will impose some fine and let you go if they are satisfied that you are not a habitual offender.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

in your reply, you are required to explain the fact that the toy was for intended for personal use only and you were not aware that the same is ban in India and you have no objection is same is destroyed and request them to grant you exemption from personal appearance.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

You deny all the allegations and say that you are going to admit the guilt and ready to pay some fine. Hence pray for showing leniency.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Importing of sex toys is prohibited in law.

Your item would be confiscated and also you will be receiving notice to appear before them in person and also pay some penalty besides confiscation.

You give a reply notice either by yourself or through your advocate claiming innocence of the law involved in this and agree for confiscation of the item

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You can claim innocence of the law in this regard even though it cannot be claimed as an excuse and state that you are ready to abide by the other conditions imposed by them in this regard

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Best of luck.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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