• Regarding sex toy orders from aliexpress

Sir I have ordered sex toy from aliexpress for personal use. I didn't get the product but I received notice from customs department kolkata
Asked 6 years ago in Civil Law

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18 Answers

You will have to pay the penalty along with the reply. 
importing sex toy is illegal.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You should have disclosed the fact earlier. 
share the show cause notice and reply.

you may appear through an advocacy and pay the penalty.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Importing sex toy is banned in India. 

Reply to the notice or meet personally with the custom authority.  You may be liable to pay fine. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Appearance not mandatory. Have you checked the notice, official sealed and from dept of customs only, as now a days many fake incidents are happening.

Even if it is real, no need for appearance, ex parte order will pass. Maximum 5k penalty will impose.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

which you can deposit in their account provided by them or can send a DD. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you msut reply to show cause notice 

 

that you had imported sex toy for person use 

 

3) that you have no objections if sex toy is confiscated 

 

4) that you do not want personal hearing 

 

5) that lenient view be taken and penalty waived 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

you should reply that you do not want personal hearing 

 

2) penalty would be imposed upon you of Rs 5000 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See the import of sex toys in India, as per government of India notification and now since notice is issued you need to pay penalty for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you have to pay penalty see if you are not able to attend personally you can deny them.for personal presence.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

In this case they will impose a penalty . Pay the fine and you need not appear in person.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir,

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.

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.

The provisions you have pointed out do not really indicate the provisions under which such an import would be illegal.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If you have received the show cause notice,  you have to give a reply notice denying the allegations either by yourself or through your lawyer. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You engage the services of an advocate who is having thorough knowledge in this subject and give a reply notice accordingly after which you will be relieved 


You engage the services of an advocate who is having thorough knowledge in this subject and give a reply notice accordingly after which you will be relieved 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

As it banned under IPC. If the product is Confisticated then you need to pay fine of Maximum 5000/-

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Actually , there is no law stating that sex toys are not allowed in India.

- However, Section 292 of the IPC prevents the sale of any material or product that is ‘obscene’ in nature in India. But, no statement has been mentioned regarding the ‘Ban on Sex Toys in India

- Further, keeping sex toys at home for personal use , is not an offence unless the individual is private about its usage and functioning. Every individual has his/her private life and hence, they have the full right to do whatever they want to under those boundations.

- As per the website of Chhatrapati Shivaji International Airport, Customs displayed a list of items that are prohibited for import. Pornographic and Obscene materials are covered under Prohibited items of this list , and under section 111(d) of Customs Act, this item is liable for confiscation and is also liable for penalty u/s 112 of Customs Act, 1962.

- Further, the Kolkata High Court addressed the issue whether sex toys sold in India comes under the charges of “obscenity”. The Court held that the charges on obscenity cannot be held as they were not legally sustainable. Just because the toy brings out sexual desires, it cannot be labeled as ‘obscene’.

- Since, you got notice from Custome Department , hence you should give the reply of the show cause notice to the department and appear for personal hearing , and thereby declare before them that the said items are for personal use and not for sale to other persons. 

- But if the items you ordered, is absolutely confiscated , then you will have to pay penalty . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Do not remain silent and do reply the show cause notice. you can Engage an advocate who deals in such matters to draft the same . However I think you can not avoid the penalty.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

personal appearance not required you have to pay RS 5000/- penalty 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If they are saying that you have to appear personally then you should appear before customs department.

Tell them that order was done due to ignorance and you are ready to pay fine give up the product.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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