Goods confiscated and penalty imposed upon you
2) there is no prosecution
3) you would not have to go to jail
Import of sex toy from aliexpress.com
Hello, i have purchased a sex toy for personal use from aliexpress.com without knowing that it is liable to penalty and confiscation. please tell me what to expect: an issue of show cause notice will i be paying the penalty and the goods confiscated and be let off? will i be dragged to the court for the import and made a spectacle out of? will i have to face jail for trying to purchase and import a sex toy for personal use? and etc.,
Asked 5 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
29 Answers
Sir, the price of the sex toy purchased is Rs.1015/- if i have to pay the penalty how much can i expect to imposed on? i am also told of Section 112 in the Customs Act, 1962 how much of this section mentioned above will be applicable to me?
Asked 5 years ago
Penalty of Rs 5000 would be imposed upon you
You will have to pay a penalty as has to be imposed by the Authority which may be up to Rs.5000/-, in my opinion when show cause notice will be issued then reply that to compound the matter after paying the penalty and matter will be closed.
Penalty of around 5000 shall be imposed in such cases and good shall be confiscated. No court complaint shall be filed and you won't be jailed.
You will have to pay penalty of around 5000 or as imposed by the department in Order in Original. See the section is applicable but for such pity cases prosecution before court is not filed.
Show cause notice will issue by customs, Without fail, cancel the delivery/order.
Highest you have to pay penalty which may be up to 5k. Such issue is every day thing in customs, minute issue. Cancel the order and if any show cause notice receive from custom, send them a cancellation note.
You need to pay Rs.5000/- penalty to Customs as a DD and give affidavit that in future you will not import such types of items.
Do not remain silent and do reply the show cause notice. Engage an advocate who deals in such matters to draft the same . However I think you can not avoid the penalty.
You will be liable to pay a maximum penalty of 5000/- that's it
Once you receive a notice from the customs department you give a reply notice either by yourself or through a lawyer.
In the reply you state that you were unaware of the law prohibiting import of sex toys.
You may mention that you agree for confiscation of the imported toy.
You may also request waiver of penalty inf any that may be imposed and also request to dispense with your personal appearance before them owing to your innocence of law in this regard.
Generally the authorities may accept your request
The referred section will be applicable to you while the customs department issue a show cause notice to you in this regard.
The penalty generally is Rs. 5000/-
You would just be made to pay a penalty and the product would be confiscated by them which would never be returned to you.
That would be the end of it.
Penalty can be up to Rupees 5000.
Dear Client
- yes you have to pay the penalty for importing of prohibited product and product will be seized if you produce it to the authority
- no you will not be dragged to court just the penalty will be charged from you
- no there is no punishment of imprisonment in this offence.
- the penalty for this will be Rs. 5000/- and it is stated in section 112 of customs act.
received a show cause notice 28-Sep-2019 please help me with drafting the reply? the contents are: .No.S4/3470/2019/ LMA/PAD-AIR DATE-04.06.2019 SHOW CAUSE NOTICE ISSUED IN TERMS OF SEC.124 OF THE CUSTOMS ACT, 1962 SUB:- import of sex toy through post - restricted/prohibited for import - Reg. Tracking No.RB751336674SG parcel No. 257195 name and address of the addressee: ---- The above mentioned parcel was examined and found to contain 1 No. Sex toy of value Rs.2000/- and attempted to be imported into the country by you. The above said item under import through post parcel is PROHIBITED. in terms of CBEC notification No.01/1964-customs dated 18.01.1964 as per para 2.07 of FTP read with HBP vol. 1 of 2015-2020, protection of public morals and section 11(2) (b) of the customs Act, 1962, the maintenance of public order and standards of decency or morality. Import of any restricted /prohibited goods are liable for penal action under section 111 (d) of customs act, 1962. Therefore you are hereby directed to show cause within 15 days on receipt of this notice in writing as to why - the said goods having assessable value of Rs.2000/- should not be confiscated under section 111 (d) of the customs act, 1962 the packages should not be confiscated under section 119 ibid. a penalty for improper importation of goods etc., should not be imposed on you under section 112 (a) (i) ibid. You are also informed to indicate in written reply whether you want to be heard in person before the case is adjudicated. in the absence of any such reply/ explanation it will be presumed that you do not desire a personal hearing. Please note that if you do not appear in person before the adjudicating officer on the date and time fixed, the case will be adjudicated on the basis of evidence of record without any further reference to you. I agree for confiscation and pay penalty Sec 112(a) and do not want to be heard in person.
Asked 4 years ago
In your reply take the plea that goods imported for personal use
2) you were not aware that import of sex toys is prohibited
3) you have no objections if sex toy is confiscated
4) you do not want personal hearing
5) that lenient view be taken and penalty waived
This is not a big issue, every day thing with customs, maximum you shall be penalize the value of the goods or five thousand rupees.
Not need for personal hearing, can send your reply via post addressing the authority.
Reply to this noitce, detail of good will require.
please correct and guide me for how i will be writing the reply: i wrote how based on your guidance- To, the office of the principal commissioner of customs (airport) postal appraising department foreign post building meenambakkam chennai- 600 027 sub:- reply to show cause notice in reply to the show cause notice F.No. S4/3470/2019/ LMA/PAD-AIR, DT 04.06.2019 NAME AND ADDRESS OF THE ADDRESSEE: I repent for the innocence of the law towards the said imported packages that they were prohibited: they were imported for personal use. i do not have any objections towards confiscation of the said packages. i do not want a personal hearing. i agree for the imposition of the penalty under section 112 (a) (i) ibid i also humbly request the authorities for lenient view be taken towards penalty and be waived for the same. i also submit the copy of evidence with proper identity with postal address
Asked 4 years ago
Don`t agree for penalty and request for amnesty.
Reply is OK.
Delete the line I repent for the innocence of the law towards the imported packages
Sir, is this ok? the said packages were imported for personal use. i do not have any objections towards confiscation of the said packages. i do not want a personal hearing. i request for amnesty towards the imposition of the penalty under section 112 (a) (i) ibid i also humbly request the authorities for lenient view be taken towards penalty and be waived for the same.
Asked 4 years ago
Max 5k will imposed as penalty.
This is your first offense under ignorance and declaration to prohibit from repetition.
no need to write about amnesty towards imposition of penalty
It's a ambiguous section and people don't challenge it. You have right to privacy and law cant stop you from the same. You need to challenge the same in PIL
See the reply is good in case you don't want to contest you can show your agreement towards paying the minimal penalty.
Further from your reply remove the line that I agree for.the panalty.
Just.ask for waiver of the penalty.
Dear Sir,
However as the law prohibits the import of such product it would be wise to pay penalty and allow the item to be confiscated.
And definitely reply to showcase notice. And pay the fine and if they confiscate. Give it.
Otherwise it just more trouble and hassle.
Do not remain silent and do reply the show cause notice. Engage an advocate who deals in such matters to draft the same . However I think you can not avoid the penalty.
Sir, please help me with writing a good reply regarding sec 112 (a) (i) i do not want to contest and i just want to get this over with and move on it 5k max at best So, i do not want to fret over it i also do not want to give the customs any opportunity to drag my name anywhere and everywhere or wherever possible.
Asked 4 years ago
Customs generally impose penalty of around Rs 5k
2) I have already advised you the points to be included in your reply
No reply will be chargeable
Sir you should write a simple reply and seek for waiver of any penalty imposed also pray for taking a linnet view that shall suffice.
Well, hire consultancy than.
You may get in touch with some lawyer who may help you in filing the reply
