You should in reply to show cause notice waive personal hearing
take plea that sex toy imported for personal use
that you were not aware that import is prohibited
that penalty be waived and lenient view taken
I got Show Case notice from Appraising Officer of Customs Chennai for Importing 1 sex toy via Aliexpres.com, But I not replied for that show case notice so I got second show case notice to apper for personal hearing on 17.02.2020 before appeasing officer. What I worried and confused , what step i should take next to solve this problem.
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You should in reply to show cause notice waive personal hearing
take plea that sex toy imported for personal use
that you were not aware that import is prohibited
that penalty be waived and lenient view taken
See it's the incorrect law that obscenity is applicable in such cases. No one challenges it so it's ongoing. Actually people pay fine and get out of the same. The fine is 5000/-
I am receivingThese types of mails, mostly fraud, frequently.
You are advised to check for the authenticity of the mail through any reliable person.
If mail is genuine, appear through authorized representative and settle the matter after paying the penalty,
If fraud, file a police complaint in cyber cell mentioning the relevant contents
Reply to the show cause notice and explain that you were unaware of the laws which prohibit import of sex toys in India. Ask for an apology and be ready to pay some fine.
If you will not appear, penalty order will pass in your absence. Maximum rs 5k penalty will impose. So, better reply to their notice that -
You was unaware of prohibition of such products and never intended to violate law. As it came to your notice, sex toys comes under prohibited list of custom act, you cancelled the order but till than product was dispatched. And request for amnesty on the ground of first offense and no repetition in future.
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.
1. Importing sex toys into India is illegal. 2. Since you have been issued a show cause notice you should engage a lawyer and reply through him to the notice received by you.
If you don't want to visit the custom office. You can send them in writing that you were not aware of such things and in future you will not do such type of transaction kindly destroyed the toy which ordered by AliExpress.
And pay the fine by DD in favor of custom office. Which has mentioned on letter.
See you can through letter waive of your right of personal hearing and in reply.you can accept purchase in mistake and can pray for lienence.
- As per 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.
- 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 Custom 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.
Since the import/sale of sex toys is banned in India as per IPC section 292 and is a prohibited item, the import of the same by you is in contravention of the law and hence it will be liable for absolute confiscation alongwith penalty.
You should give a reply notice either by yourself or through your lawyer immediately.
In the reply you should deny the knowledge of law prohibits the purchase of such restricted items.
You may, in the reply authorise the authorities to confiscate the item and also express your willingness to pay the penalty for this and conclude with a request to waive your personal appearance before them.