• Customs Show Cause Notice:

Customs Show Cause Notice: Import of Adult Toy
So I ordered an adult toy from viva-awa.com and got the following show cause notice from customs; The adult toy does not represent any male or female reproductive organs. Basically can be considered similar to a door knob. Questions: 1. I tried to cancel the product after one day order after know it is foreign website but they haven't responded . Question 2: I cant appear for this notice and don't want this product. If I don't what it and doesn't appear will somthing will happen..? 3. Can I deny the charge on the grounds that it is for personal.


----- CALL-CUM-SHOW CAUSE NOtICE 1. Whereas, the postal consignment having Tracking no. 123456789 M. No. 1234/56 ABCD(importer) having declared address as BLAHBLAHBLAH (here-in-after referred to as "the importer") and whereas the importer(s) have imported the said consignment for personal use thus falling under CTH 9804 and declared to contain home decoration and having declared FOB/CIF value as US Dollars0 2. Whereas the consignment on examination was found to be obscene which falls under Prohibited goods category as Import of such Obscene Item/material is prohibited as Section 292(i) of the Indian Penal Code read with Section 111 of the Customs Act, 1962 and the said goods are liable for absolute confiscation. Notification No. 1/1964 - Customs dated 18.01.1964 prohibits the import of any obscene book, pamphlet, paper, drawing, painting, representation, figure or article. 3. It appears that the said importer has knowingly made improper importation of the said prohibited consignment is liable for absolute confiscation under the provisions of Section 111(d) of the Customs Act, 1962 and by the said actions and inactions on part of the importer has rendered himself liable for the imposition of penalty under Section 112(a) of the Customs Act, 1962. 4. Now therefore, the said Importer is hereby required to show cause to the Superintended/Appraiser of the Customs, Postal Appraising Section having his/her office at blahblah Mumbai within ten (10) days of receipt of this notice as to why: (a) the said prohibited goods mis-declared as home decoration having assessable value of Rs. 0 should not be confiscated under Section 111(d) of the Customs Act, 1962. (b) Penalty should not be imposed upon the importer under Section 112(a) of the customs ACt, 1962. (Note : Any appearance in person to be between 1430hrs and 1630hrs on working days.) The importer is given option to accept the charge/offense and deposit Rs.5000/- towards Penalty for the improper importation, by demand Draft in favor of "COMMISSIONER OF CUSTOMS, MUMBAI RBI a/c" against the above call notice
Asked 12 months ago in Constitutional Law

2 answers received in 10 minutes.

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13 Answers

You can in your reply take the plea that you have no objections to goods being confiscated 

 

2) say that goods imported for personal use and not aware that imports were prohibited 

 

3) that you do not want personal hearing 

 

4) that lenient view be taken and penalty waived 

Ajay Sethi
Advocate, Mumbai
94960 Answers
7576 Consultations

5.0 on 5.0

If you have received notice from the customs department, you have to give a reply either admitting the offence or deny the same as false.

In that case you can contact any advocate who will guide you properly to come out of this crisis.

You can find a suitable lawyer from this website itself or outside.

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

Send reply at address mentioned in show cause notice by speed post or registered post AD 

 

also send reply by what’s app 

Ajay Sethi
Advocate, Mumbai
94960 Answers
7576 Consultations

5.0 on 5.0

Make payment by google pay or paytm 

 

you can do google search and obtain contact number of advocate 

Ajay Sethi
Advocate, Mumbai
94960 Answers
7576 Consultations

5.0 on 5.0

There is no need to appear before the authority. Get your reply drafted from an advocate and seek not guilty. Maximum Penalty may impose which you can directly submit in their bank account and send receipt via mail or on your behalf , an advocate can coordinate and proceed.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Notice on whatsapp is valid. You have to give reply to notice under guidance of a competent lawyer. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

Note that the Customs has asked, “The importer is given option to accept the charge/offense and deposit Rs.5000/.” No one is asking you to pay 5L. Submit a DD of 5K and get out of it, don’t get in to  it by contesting the notice. It will not affect you adversely in any manner. You can also make payment of penalty on line.

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

You can send the reply notice by whats-app and in writing sent by registered post too to the customs and excised department from where you have received this notice.

The agents will not respond to your any communication

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

You choose the advocate and click against his name  to book a consultation, if not look for an advocate outside this forum, or you can choose the advocate of this forum and send message to their personal number.

 

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

You can reply to the same and contest or pay the fine and close 

Prashant Nayak
Advocate, Mumbai
32092 Answers
183 Consultations

4.1 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13374 Answers
199 Consultations

5.0 on 5.0

Hi, You can reply to the show cause notice and ask for confiscation of the product. Some time they impose fine also. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
336 Consultations

4.5 on 5.0

Hi. I am an Advocate and I specialise in indirect tax litigation. You can file a reply either my email or WhatsApp. You can get in touch with me to discuss the contents of the reply. Alternatively, I can help you by preparing the reply. 

Priyanka Singla
Advocate, Ludhiana
12 Answers

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