• Confiscation of sex toy, asked for a penalty

I received a mail from the customs office ahmedabad regarding confiscation of a parcel containing "obscene item ". They also asked wether i wud like a show cause notice and also wether i would like to be heard in person before adjudication or other wise. Was told to reply at their email with a id . I replied that the parcel was ordered by mistake and i dont intend to claim the parcel. Didn't send any id. They replied that the item is prohibited and have to pay a penalty of 5000 as per customs act 1962 personally at the customs office. Said the office will have duly prepared a challan.
Any help will be greatly appreciated.
Asked 16 days ago in Civil Law from Bhuj, Gujarat

See in this case it is better you pay the challan of penalty amount and send scanned copy of same and a registered post to custom house ahmedabad . See anyway the penalty in case has to he paid so there is no way out.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Such thing every day thing at customs. Maximum penalty of rs. 5k.

Don`t worry, when any order will pass, same shall be communicate to you. No personal appearance require. And until you do not receive the copy of order duly sign by adjudicating authority, don`t make any payment. Sometimes it may be trap. 

You must have received show cause notice from adjudicating authority u/s 111, 112 of customs act ? If not than mail is not official.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

Dear Sir,

You need to immediately hire a drafting lawyer and get a reply drafted on the following points. - that you had no idea that import of sex toys was prohibited in India - that you do not have any objection to sex toy being confiscated by customs - that you do not want any personal hearing on this matter - that you purchased the toy only for personal use.

That is really quite unfortunate as there are several companies that sell sex toys in India including durex. One would need to look into the substance of the allegations in the show cause notice and write a reply to the same and hopefully the matter would be concluded at this stage itself.

One would need to peruse the contents of the show cause notice.

Section 292 of the Indian Penal Code has banned the sale of any obscene object in India. Since you have been issued a show cause notice you should engage a lawyer and reply through him to the notice received by you. ... I would advise you to reply to the show Cause Notice sent by the customs department.

Netravathi Kalaskar
Advocate, Bengaluru
3963 Answers
18 Consultations

5.0 on 5.0

You have already submitted reply to show cause notice 

 

2) you have been ordered to pay penalty of Rs 5000 and goods confiscated 

 

3) you have to pay penalty imposed upon you 

Ajay Sethi
Advocate, Mumbai
69585 Answers
4181 Consultations

5.0 on 5.0

 as you have already got the notice to pay the penalty of rupees 5000 in the custom office it is advisable to go to the customer office and paid amount as levied as penalty and you for importing the prohibited material in case of non payment legal action as per the Indian Penal Code may be taken against you by the custom department so it is advisable that you pay the penalty and authorise the customs department to destroy the material so imported

Vimlesh Prasad Mishra
Advocate, Lucknow
5792 Answers
19 Consultations

4.9 on 5.0

If you need to contest then you can refuse to pay penalty. Otherwise you can pay penalty and close the issue

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

Better you give in writing that you will not apply for any such products and you were not knowing that such products are banned in the india. Pay penalty 5k demand draft on custom office name.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

There is provision for condemnation of penalty.

You can approch for the same before paying the penalty, which you will be otherwise liable to pay.

Kallol Majumdar
Advocate, Kolkata
1977 Answers
2 Consultations

5.0 on 5.0

- As per the circular of Custom Department , 

General public is hereby informed that customs officers never call anyone and do not ask to pay customs duty to any individual or deposit it into his account. It is the responsibility of importer or exporter to submit necessary documents to the respective customs officers and pay customs duty through nominated national banks.

- It is also informed that the customs duty shall be deposited in favour of Commissioner of Customs (government account) 

- Further, People should inform concerned authorities in case they get such demand from persons claiming to be customs officers on the parcels alleged to be detained by customs.

- If you get a phone call or email claiming customs officers have stopped your parcel due to being a prohibited items , then all such calls/mail are fake with the sole intention of cheating the public.

- You should to lodge your complaint before the custom department , Ahmedabad, after mentioning that you never ordered such items via emai etc, nor want to claim the same , and getting such mail for payment . 

Mohammed Shahzad
Advocate, Delhi
1219 Answers
22 Consultations

5.0 on 5.0

You have to give a reply to the customs authority. You can authorize your advocate to appear on your behalf(Opt) . After preliminary hearing (two or three hearings), they will ask you to pay a penalty of Rs.5000/- and will close the case. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

Since you have already admitted the mistake and have pleaded guilty, you may have to pay the penalty as ordered by the Customs department failing which you may have to face legal consequences including sentence of imprisonment, if any.

Hence, you may better contact any advocate and give a proper reply as per law in order to get the case disposed through the proposed legal action instead of stretching it for a longer time, giving room for further consequences.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

If the notice have been served to your though proper  channel and you have ordered that item then you have to pay the penalty as per customs act. 

But don't pay money through online transaction to any personal account as it may be some kind of fraud. 

Mohit Kapoor
Advocate, Rohtak
5151 Answers
1 Consultation

5.0 on 5.0

You don’t need to go personally 

 

you can send demand draft of penalty amount 

 

wait for reply from customs 

Ajay Sethi
Advocate, Mumbai
69585 Answers
4181 Consultations

5.0 on 5.0

Show cause notice shall be in official capacity and duly sealed. Mere demand is viable. Avoid all the demand made on plain form and don`t respond. 

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

Contact personally over phone with custom office. Enquire into it.  Or write them a letter. 

Do not give any money to any unknown person. 

Always pay by a/c payee cheque in favour of custom office ,exact payee name which you should know from the office. 

Kallol Majumdar
Advocate, Kolkata
1977 Answers
2 Consultations

5.0 on 5.0

Generally when the goods are taken by the customs a detention report is always furnished to the person whos goods are being seized. wait for notice then you can pay through DD. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

You will get a show cause notice very shortly stating that you have not complied with the conditions or orders of the authority in this regard.

Hence you better on the constant vigil about this or else they may implicate you in this and may pass an order for your personal appearance before the authorities concerned. besides making payment of the penalty amount as prescribed.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

See you can pay through bank challan from.the authorised bank and can send the copy of challan on mail and by post to them.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Yes you can send the same by post too

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

Show challan,

This is more like a fraud. Penalty imposes by authority on passing order  just like court passes, mere demand has no relevance.

declaration of admission is voluntary and not on the demand of customs, avoid them. 

Yogendra Singh Rajawat
Advocate, Jaipur
14991 Answers
19 Consultations

4.6 on 5.0

See the account number in bank of baroda can be confirmed, if it of custom department then mail is true

 As for challan in gujarat BOB is authorised you can directly pay through challan also through bank and can send challan copy.to them.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Approach customs officer Ahmedabad to confirm whether any such email has been sent to you for payment of penalty 

Ajay Sethi
Advocate, Mumbai
69585 Answers
4181 Consultations

5.0 on 5.0

You better withhold from making any payment now.

The government will not ask you to make payment without mentioning the head of account number.

There seems to be something fishy hence you may write to them by registered post, confirm the same before making any payment

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

You can directly contact them on official contact number and confirm. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

You need to check it by authenticity. Mostly they serve registered post letter

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

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