Show cause notice issued from Asst. Commissioner of Customs
I ordered a sex toy for gifting on a friend's wedding, from a website with a .in domain, and was shipped from USA. It appears that it has been labelled as 'Novelty Toys' whereas the department has categorized it under Obscene Goods. I was also ready to pay for any applicable import duties.
I have been issued a show cause notice as to why :
1). the obscene articles imported in the guise of 'Novelty Toys' should not be confiscated under Section 111 of Customs Act 1962
2). Penalty should not be imposed on me under Section 112 of the Customs act 1962
Admittedly, I was not aware that the items are banned, as there are multiple websites selling these wares in India. Also, I had no way of knowing that the articles were shipped as 'Novelty Items'.
How should I word my response, to avoid any further issues with the department ?
If they need to be confiscated, I am OK with them being confiscated.
Asked 2 years ago in Civil Law from Bangalore, Karnataka
The purchase what you have made is illegal bin the eyes of law.
If you received notice as stated in your query,
you may express your willingness to pay the penalty as imposed by the authorities instead of undergoing imprisonment and also allow the to confiscate the product as per law.
This will fetch you relief.
1) you should in your reply mention that toy was imported by you for personal use
2) yiu were not aware that these toys are banned in India
3) you have no objection to toys being confiscated
4) you don't want any personal heRing
5) nominal penalty would be imposed upon you
Importing sex toys eventually buying from online sites is illegal and most of the parcels are caught at Postal Appraisal section by customs . Section 292 of the Indian Penal Code has banned the sale of any obscene object in India. Since you have been issued a show cause notice you should engage a lawyer and reply through him to the notice received by you.
In your defense you can state that you bought the good for your personal use, and not for the purposes of trade. Or take another defense as total denial. Which means you were not ordered such items and it may confiscated to custom department.
Import violates the conditions of section 3(i) of foreign trade (exemption from application of rules in certain cases) order, 1993, covered under foreign act, 1992
You need to reply to the show cause notice without delay as any delay can attract penal action. Appear before the authority through the lawyer.It is better to avoid further claim over the item and allow to confiscated.for saving future issues arises against you.
If the website is selling it as Novelty toys , then you do not need to worry.
Reply back to the customs department stating that the Website (with .in domain name) and offered the goods for sale and the money was paid in indian rupees. Also say that you were not aware that the goods were to be shipped from USA and you were informed that the goods belong to indian origin.
Also the penalties in such offences u/s 112 of customs act is
a) confiscation of goods and / or
b) A fine of Rs5000-/- ,
So you can permit the customs guys to confiscate the goods(if they ask you to surrender the same) happily and get rid of this issue.
Why do you have to do this when you have trained legal minds to perform the job? Engage a lawyer to file an appropriate reply to the notice issued by the customs.