• Show cause notice for import of sex toy

Hi, 
I purchased a Sex Toy online in September, and
I received a Show cause notice(issued 15/10/2015) for it on 28/10/15. I replied for the same as well on 29/10/15. 
I in person gave a written reply to the notice. My contentions were:
1. I never knew that it's going to be imported. I realised this on receiving the invoice. 
On realising that it's going to be imported I tried to stop the purchase based on the tracking number provided on the invoice, but that tracking number was ineffective as the item wasn't packed yet. 

On the same invoice it was mentioned that I would be issued another tracking number once the item was packed and/or shipped, but I never got any other other communication from the company/website from which I purchased.

2. I honestly never knew that these items are banned in India and that it's import is prohibited, and the laws about and related to import of goods to India.

Now that I have replied to the show cause notice, I don't know what's going to happen next. 

Will I have to appear in Court? Or do I have to pay a penalty and the matter will be resolved then and there?

I did not mention that I don't need a personal hearing? So should I issue another reply that I wouldn't like to have a personal hearing?

What would be the time frame for the entire matter?

Please do advise me on this.
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
1) you must have been issued show cause notice by Asst commissioner 

2) import of sex toys is prohibited in India and adult sex toys imported are liable for confiscation 

3) you have already filed reply to show cause notice 

4) you can send another letter that you don't want personal hearing and you have no objection if goods are confiscated 

5) order would be passed in a month time and sec toys imported by you confiscated and penalty imposed upon you 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1) import of sex toys violates the conditions of section 3(i) of foreign trade (exemption from application of rules in cerain cases ) order, 1993, covered under foreign act, 1992.

2) a) the item in this subject parcel is prohibited under export - import policy issued by ministry of commerce, govt, of india , new delhi , paara 2.6 of ftp read with HBP vol 1 of 2009-2014.

b). the above stated goods there fore require a valid licensed issued by concerned jurisdictional director/director general trade ministry of commerce, govt of india and failure to product the same will render the parcel liable for confiscation. if you possess it, submitted within 15 days from the date of receipt of this notice .

C)import of any restricted/prohibited goods are liable for penal action under section 111(d) of customs act, 1962.
d)In case , if you are not willing to submit required valid license within specified period show cause in writing why:-
a) the said goods having assessable value of rs. 2000/- should not be confiscated unders section 111(d) of customs act, 1962
b) the packages should not be confiscated under section 118 ibid.

4) you should mention that you have no objection to Sex toys being confiscated and waive personal hearing
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Now that I have replied to the show cause notice, I don't know what's going to happen next. 
Will I have to appear in Court? Or do I have to pay a penalty and the matter will be resolved then and there?
Import of sex toys are prohibited in India and are liable to confiscated under the provisions of FOREIGN TRADE (EXEMPTION FROM APPLICATION OF RULES IN CERTAIN CASES) ORDER, 1993.
If the toy  has been confiscated by the authority as a remedial measure you may write to the authorities that besides confiscation of the item imported without knowing the legal implications or the law governing such issues, 

I did not mention that I don't need a personal hearing? So should I issue another reply that I wouldn't like to have a personal hearing?
You may give in writing that you are ready and willing to pay the necessary fine for the purpose and in view of your innocence of the law in this regard you may be exempted from personal appearance before the authorities as a special case.  Your request may be considered.


What would be the time frame for the entire matter?
It may get disposed on the next date fixed for hearing until the authorities are not busy with any other comitment that day. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. Import or purchase of sex toys in India is an offence. The gist of the offence is purchase and not import. Your defence that you did not know it was going to be imported does not carry any weight. The basic principle of criminal law is 'Ignorantia juris non excusat' i.e ignorance of law is not an excuse. 

2. It seems that you replied to the show cause notice on your own, which was unwise. You should have put it up to your lawyer for an appropriate reply. No lawyer would have framed such a lame reply which in pith and substance incriminates you.

3. It is for the custom authorities to now take the call. They may let you off with a penalty or decide to lodge the FIR against you. Appearance in court will have to be made only if the FIR is registered.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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Section 292 of the Indian Penal Code prevents the sale of any material (a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene )that is obscene in India and Section 111(d) in the Customs Act, 1962(d) any goods which are imported or attempted to be imported or are brought within the Indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this Act or any other law for the time being in force;

So you are in trouble . If they register the FIR then you shall appear before the court other wise not.No need to send another reply at this stage.
Ajay N S
Advocate, Ernakulam
1914 Answers
19 Consultations
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