• Show cause notice for online purchase of sex toys from US

I have received a show cause notice from the Deputy Commissioner of Customs Bangalore issued under Section 124 of the Customs Act 1962 for reportedly ordering alleged obscene goods.
I had no idea that it's illegal in India and I would want them to confiscate the goods and if penalty is applicable by law I would agree to pay.

Could you please help me how to reply to the notice.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

you can send reply to show cause notice that aex toy was purchased for person use

2) that you had no idea that import of sex toys were prohibited in india

3) that you have no objection to sex toy being confiscated

4) that you do not want any personal heariong in the matter

5) send reply by Regd post AD

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

you can directly send reply to show cause .

1) mention the points mentioned herein above and send reply by regd post AD

2) mention that you dont want personal hearing

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

1. Deny that you have ordered delivery of the said product.

2. If questioned any time about payment, you should state that it was for some household gazette that you had sent the amount.

3. Just send the simple reply that you have never ordered the said item.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. The will be no personal hearing in this regard.

2. Send the reply to the person who has sent you the said show cause notice.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

I have received a show cause notice from the Deputy Commissioner of Customs Bangalore issued under Section 124 of the Customs Act 1962 for reportedly ordering alleged obscene goods.

I had no idea that it's illegal in India and I would want them to confiscate the goods and if penalty is applicable by law I would agree to pay.

Could you please help me how to reply to the notice.

Most of the people who order such toys online are getting caught by the customs and receive notice seeking explanation for not taking action on them.

You may take the help of a lawyer and give a reply notice suitably expressing your willingness to confiscate the goods as well as you are ready and willing to pay the penalty for this.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Can I directly reply to the Deputy Commissioner or is there a formal process of reply to the show cause notice from law point of view as I don't want personal hearing of the case.

Yes you can give a reply to the show cause notice if you are able to draft the reply properly as well as a non-committal on so that your interests are protected in the future too.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

The import of sex toys in India is illegal and u/s 111 & 112 of the Custom Act, 1962 you can be served notice which can be followed by penalty and legal conviction. Reply to the notice only through your lawyer as you are not a trained legal mind.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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You must have been served with order imposition of penalty

You can make enquiries with customs office regarding procedure for payment of penalty

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

1. What has been mentioned in the said Oder sheet?

2. Visit your local Custom Department to ascertain whether they have any counter for collecting such fine imposed on the accused.

3. if not then meet the officials therein to ascertain as to where should you deposit the said amount and the details of related Bank Account like name, number etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can write to the customs officer who has sent this notice asking hi the details for the payment to be made in thi regard.

If you dont get any reply you may remain silent until you get the next notice.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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