Hello, I'm a person from Kolkata. My Tracking ID is CN122901242JP via Japan Post. My friend from Japan sent some goodies to me from Japan. It includes some anime merch, figurines, and manga (which is on the ecchi side). The thing is, when it came to Kolkata FPO, they retained it by saying it has obscene articles and hence can't be processed. I feel very sad and dispirited. I feel like I've lost all hope. I need help. I'm yet to get the show cause notice, but when I visited them today, they told me so. But I need the parcel...
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Since taking delivery by foreign post of any goods or articles the sale of which is prohibited in India is a punishable offence, the FPO has sent this notice.
Now considering the contents of the Notice the future course of action is to be determined.
Please do not worry and bring the notice you have received so that remedial measures can be taken at the earliest.
You should immediately send the FPO a Legal Notice demanding the immediate delivery of all the articles failing which you would sue the FPO for denial of service and seek for compensation for the FPO threatening to destroy the articles. You should also mention that the merchandise is for your personal use and not for public display and they have no business lurking into the parcel once it is cleared from the Japanese postal department. You can also sur the FPO for breach of your privacy. The legal notice should be very effective and drafted by an advocate having the skills to make it very strong.
Section 292 of the IPC defines obscenity as material that appeals to "prurient interests". However, courts have often ruled that mere nudity or sexual themes in art do not automatically qualify as obscene.
2)you will be served with show cause notice
3) submit detailed reply
4) Argue that the manga and figurines are "artistic collectibles" or "pop culture merch" for your personal hobby, not intended for distribution.
5) request for personal hearing
6) Customs may keep the manga but release the figurines and merch after you pay the applicable duties (which can range from 42% to 77% for anime figures).
You may have to abide by the Indian laws and cannot agitate it especially when law enforcing agency has informed you about the prevailing law in your circumstances and compliance of procedures thereon.
The law will take its own course of action if you fail to comply hence take the assistance of an experienced lawyer in the local and proceed as suggested.
You can challenge the notice and only after hearing you they can decide the matter
At the outset, it is important to understand that import of goods into India is governed by the Customs Act, 1962 and allied regulations. Under these laws, customs authorities have the power to detain, confiscate, or destroy goods which are considered “prohibited,” including items classified as obscene under applicable laws such as provisions relating to obscenity.
However, merely stating that the material is “ecchi” or suggestive anime content does not automatically make it illegal. The determination of obscenity is not arbitrary and must be based on legal standards, including whether the content is lascivious or appeals to prurient interest in a manner that violates Indian law.
Since you have not yet received a formal show cause notice, the process is still at a preliminary stage. The customs authorities are required to issue you a notice specifying the grounds of objection and giving you an opportunity to respond before taking final action such as confiscation or destruction.
Once you receive the notice, you should file a detailed reply asserting that the items are collectible merchandise and artistic content, not intended to violate any law. You may also request inspection of the goods and seek a reasoned order. In appropriate cases, you can argue that the material does not meet the legal threshold of obscenity and is widely available as legitimate merchandise.
You may also request for release of permissible items and segregation of any specific item, if at all found objectionable, instead of destruction of the entire parcel. Authorities are expected to take a proportionate approach.
If an adverse order is passed, you have the right to challenge it by way of appeal before the appropriate appellate authority under customs law.
In conclusion, you should wait for the show cause notice and respond formally. The parcel cannot be destroyed without giving you an opportunity of hearing, and you have a fair chance to contest the classification of the items as obscene.
Sir/Madam,
You are suggested to send a legal notice throuhg your advocate clarifying that the said article is not obsence as per law and the same must be delivered to you. If the same is not done by post office, then approach the consumer court under deficiency of service and ask for the compensation as well.
Dear client, as to the reply of your query i would like to know which courier service did your friend use? as different companies different policies in different regions. Only after knowing this a way out can be sought.
