grant your consent for the confiscation of obscene article in question. Additionally, request the custom authorities not to slap any penalty upon you in terms of section 112 of the Customs Act.
Dear Sir/Madam, I have ordered a sex toy for personal use from an international e-commerce site. For the same today I have received a show cause notice from Bangalore customs for "Importing obscene article" as per customs notification No. 1/64 dt 18.01.1964. Here are the details: --------------------------------------------------------------------------------------------- The notice says that Mr. XXX is hereby called upon to show cause to the undersigned at the foreign post office in Bangalore within 15 days of receipt of show cause notice as to why the “obscene article” imported should not be confiscated. It also says, “If no cause is shown against the action proposed to be taken herein above within 15 days of the receipt of this notice or if they fail to appear for the personal hearing fixed on (3 dates are mentioned here) the case will be decided exparte on the basis of available records” --------------------------------------------------------------------------------------------- I don’t intend to keep the said article and customs can dispose the article as they deem fit. What if I don’t reply to this notice? Will the customs destroy the article and close the case? The letter also has two email IDs. Shall I send reply on these email IDs? Thanks and regards, XYZ
grant your consent for the confiscation of obscene article in question. Additionally, request the custom authorities not to slap any penalty upon you in terms of section 112 of the Customs Act.
As per the said notification the import of such article in India is prohibited.
As per customs Act you are liable to pay penalty. IF failed to do so, custom court can seize your property same like in civil cases. Its good to appear before the officer.
Customs will impose penalty on you and confiscate the obscene goods
reply to show cause notice by email and speed post
1. You need not respond to the said show cause notice.
2. The Article will thereafter be confiscated by the postal customs department ex-parte.
3. It will be kept for some time in their 'Mal Khana' and thereafter will be destroyed.
The customs department has seized the articles you have ordered as the act contradicts the Indian law which has been clearly mentioned in the show cause notice.
It becomes your duty to issue a reply notice either denying the allegations leveled against you therein or admitting the commission of the offence mentioned in the notice.
You may reply stating that you are not aware of the law prohibiting the purchase of such articles hence your ignorance of law may be pardoned, that you are agreeing for the confiscation of the imported articles and ready to the penalty also, if imposed, hence the authorities may be requested to waive your personal appearance before them in this regard.
It is better you send the reply notice by registered post to the given address in the show cause notice.
1. If you don't reply the notice the matter will.be decided exparte, the customs will confiscate the item and levy the penalty. You will receive the order in original and have to pay penalty accordingly.
2. You may reply through the post on mentioned address also waive of the right of personal hearing.
- 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.
- 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.
Dear Sir,
Under sub-section (d) of section 111 and sub-section (d) of Section 113, any goods which are imported or attempted to be imported and exported or attempted to be exported, contrary to any prohibition imposed by or under the Customs Act or any other law for the time being in force shall be liable to confiscation. Section 112 of the Customs Act provides for penalty for improper importation and Section 114 of the Customs Act provides for penalty for attempt to export goods improperly. In respect of prohibited goods the Adjudicating Officer may impose penalty upto five times the value of the goods. It is, therefore, absolutely necessary for the trade to know what are the prohibitions or restrictions in force before they contemplate to import or export any goods.