• Show cause notice by customs for ordering sex toy online

Hello sir
I received show cause notice for ordering sex toy. What should i do? Can i reply to them via email? They hv mentioned that necessary documents can be sent to them on their email address. So shall i mail them. Or its mandate to reply in written. I hv ordered the sex toy because i had ordered same toys  twice previously and it cleared the custom n got delivered. I did not know that this was against the law. Please help me replying to the show cause notice
Asked 11 months ago in Criminal Law from Hyderabad, Telangana
Religion: Buddhist
If you have received the notice in hard from then it should be replied in the same manner. Engage a lawyer for replying thereto instead of venturing to do it personally. If the reply is satisfactory then this would end there itself with or without a fine. If you do not reply then your penal prosecution may be commenced by the customs. 
Ashish Davessar
Advocate, Jaipur
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Hello,
1) You can send a reply by mail if you choose to do so. Alternately you can visit the customs office or the address mentioned in the show cause notice.

2) All you need to do is to state that the item ordered was for your personal use and that as you have now realised that it was not legal you have no objection to the item getting confiscated.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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Put up the notice to your lawyer and he will draft your reply after reading it. 
Ashish Davessar
Advocate, Jaipur
18265 Answers
450 Consultations
5.0 on 5.0
1. Buying S*X toy in India is illegal,

2. So, is giving online order for it to buy,

3.Collect a back dated medical prescription for using the same for your ordering it,

4. After that send all the papers including the medical prescription,

5. To paly very safe, you can cancel the said order (by loosing the paid amount) and send the order cancelling document also for which no charge can be brought against you.
Krishna Kishore Ganguly
Advocate, Kolkata
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1. It will not be prudent on your part not to send reply to the valid notice,

2. If you do not reply, a case will be filed against you and you will be prosecuted before the Court and the judge will decide about your exoneration or punishment depending on the merit of the case,

3. Act as suggested above to avoid unnecessary problems.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. Reply that you had placed the online order for the said S*X toy as you required it on medical grounds as evidenced by the medical prescription attached herewith,

2. You also mention that after receiving the notice, you have cancelled the said online order by bearing the loss of the amount you have already paid.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
I received show cause notice for ordering sex toy. What should i do? Can i reply to them via email? They hv mentioned that necessary documents can be sent to them on their email address. So shall i mail them. Or its mandate to reply in written. I hv ordered the sex toy because i had ordered same toys  twice previously and it cleared the custom n got delivered. I did not know that this was against the law. Please help me replying to the show cause notice
You have to give reply to the show cause notice issued to you or else you will be subjected to criminal charges for illegally importing the sex toys (banned items).
For getting a reply drafted you have to engage the services of a lawyer personally under agreement to his terms of fees. 



What will happen if i dont reply to their notice? Also want to know what penal action they will take if they has to. Please tell me how to deal with the penal action if they take against me
The excise department will initiate criminal proceedings against yo through police to arrest you and register a FIR against you.
In that case you may take anticipatory bail and challenge the case in the trial court during trial proceedings. 



Could u please tell me the exact matter what should i reply?
It can be opined only after seeing the contents of the  show cause notice issued to you. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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