A friend of mine had ordered a sex toy online which was to be delivered to my address (as a gift), instead i got a DETENTION CUM SHOW CAUSE NOTICE! I have been asked to furnish the following self-certified docs: 1) Purchase invoice/commercial invoice 2) Transaction details 3) Copy of PAN/ DL/voter ID/ Aadhar etc. 4) Requested to refer to Notification S.O. No. 1056 (E), dated 31.11.1993 issued by the ministry of commerce regarding prohibition of import of goods which are liable for confiscation and penalty under Customs Act 1962. In case of any contravention of customs act,1962 you are also requested to specifically state whether you would like have show cause notice and also inform whether you want to be heard in person before adjudication or otherwise. Kindly guide me how to proceed.
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1) submit detailed reply to show cause notice
2) in your reply mention that sex toy was imported for personal use
3) you were not aware that import is prohibited
4) you have no objection to sex toy being confiscated
5) you don't want a personal hearing
6)request that lenient view be taken and no penalty be imposed
1. Send reply to the above notice informing that you have never ordered for or paid for the said article and also that you are not at all interested to acquire it,
2. The said article will be confiscated and kept in the godown of the Customs department for ever,
3. Relax, nothing will happen to you.
Importing of sex toy is not in itself illegal. Section 292 IPC bans use , sale pr purchase of any obscene article.
It is debatable whether sex toy can be branded to fall in this category.
I would advise you to seek information on section of charge leveled against you. In other words get information as to what sections of Customs Act has been pressed against you.
Then I can advise whether you can challenge the case by way of quashing.
Otherwise comply with the notice and file your show cause.
The import of sex toys in India is illegal. The goods can be confiscated and the importer can be served with a show cause notice and then punished under the Customs Act. You should reply to the notice through your lawyer.
Is it really necessary to go through a lawyer (I don't have a lawyer)? Can I not compose a reply on my own? This is what I have come up with, keeping in mind Mr. Krishna Kishore Ganguly's reply to my question. "Dear Sir/Ma’am, This is to bring to your attention that I, the undersigned have never ordered for/ paid for the article(s) mentioned in the show cause notice. Also, I am not at all interested in acquiring the parcel and its contents. With Regards xxxxxx" Will this reply suffice?
1) you dont need a lawyer to reply to show cause notice
2)in my opinion you cannot deny that you have placed order for sex toys .
3) payment made by you for purchase would prove that order was placed by you and consideration changed hands
4) the reply to show cause notice is badly drafted and will not serve any purpose
You are not a trained legal mind, so engage a lawyer as this has legal repercussions.
In case of any contravention of customs act,1962 you are also requested to specifically state whether you would like have show cause notice and also inform whether you want to be heard in person before adjudication or otherwise.
If you have received a notice it becomes yor duty to give a reply to that.
You may plead innocence on the subject
You may request that the items be confiscated and no action be taken against you after that.
The department will consider or request.
The reply you have drafted and posted here may not be sufficient especially in the light of the notice sent to you.
Hence you better post the notice contents too so that your reply can be confirmed.