• Import sex toy from aliexpress.com

Hi i purchased 1 sex toy from aliexpress.com  online e commerce site price  $11.81 (around 730/- indian rupees)   . i didnt received goods it is struck indian customs , chennai   . I donot have knowledge before purchase this product they send me show cause notice they quoted product price high 2000/- . i donot know how react please advice me   here i mentioned some points in that notice . how to react how much they charge as a panality  or they punish any other ways 

show cause notice issued in terms of sec 124 of the customs act, 1962 dated 24/10/2014
sub: import of sex toy through post-restricted/prohibited for import reg.  from PAD ( Postal appraising debarment )

1. they examined and found  its sex toy
2. the above parcel is not bonafide gift for personal use and as such import violates the conditions of section 3(i) of foreign trade (exemption from application of rules in cerain cases ) order, 1993, covered under foreign act, 1992.

3.a) the item in this subject parcel is prohibited under export - import policy issued by ministry of commerce, govt, of india , new delhi , paara 2.6 of ftp read with HBP vol 1 of 2009-2014.

b). the above stated goods there fore require a valid licensed issued by concerned jurisdictional director/director general trade ministry of commerce, govt of india and failure to product the same will render the parcel liable for confiscation. if you possess it, submitted within 15 days from the date of receipt of this notice .

C)import of any restricted/prohibited goods are liable for penal action under section 111(d) of customs act, 1962.
d)In case , if you are not willing to submit required valid license within specified period show cause in writing why:-
a) the said goods having assessable value of rs. 2000/- should not be confiscated unders section 111(d) of customs act, 1962
b) the packages should not be confiscated under section 118 ibid.
c) a penalty for improper importation of goods etc.., should not be impose on you under section 112 ibid.
4. you are also informed to indicate in within reply whether you want to be heard in person before the case is adjudicated. in the absence of any such reply /explanation it will be presumed that you do not desire a personal hearing.
5. please note that if you do not appear in person before the adjudicating officer no the date and time fixed,  the case will be adjudicated on the basis of evidence of recorded without any further reference to you.

6. only the concerned addressee/importer need to submit written reply with evidence of proof of proper identity with postal address. 

signed 
ass. commissioner of customs (PAD)


Please guide me 

regards
Asked 2 years ago in Family Law from Tanuku, Andhra Pradesh
Religion: Hindu
1) you have to contact local lawyer and reply to show cause notice . 

2) request for personal hearing 

3) state you have bought it for personal use . 

4) in the alternative submit that you have no objection to goods being confiscated and are willing to pay penalty
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
Hi, you have to reply the show cause notice through local advocate and pay the penalty if you don't want goods.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Do not remain silent and do reply the show cause notice.
Engage an advocate who deals in such matters to draft the same .
However I think you can not avoid the penalty.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Hello,
1) You need to reply to the show cause notice without delay as any delay can attract penal action.

2) You may choose to get the item ordered on contention  that it was ordered for personal use. However  as the law prohibits the import of such product it would be wise to pay penalty and allow the item to be confiscated.

3) In India the sex toys are not legal yet.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. At first try to collect a medical certificate certifying that you need the said toy for medical reason, if possible,

2. Engage a layer having expertise in this field to send reply to the said notice,

3. Appear before the authority through the lawyer,

4. Inform the authority about the actual price you have paid with evidence,

5. Pay the penalty, if levied and allow it to be confiscated to get rid of this problem for good.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. Importing sex toys into India is illegal.

2. Since you have been issued a show cause notice you should engage a lawyer and reply through him to the notice received by you.

3. In your defence you can state that you bought the good for your personal use, and not for the purposes of trade. 

4. As advised by Mr.Ganguly, you should be willing to allow customs to confiscate the goods and pay the penalty to get rid of this headache.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Contact a lawyer, send a reply of notice and requested them to informed you for penalty.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
it is not clear yet that buying online product from foreign country is called import or not. buying product from ebay, it is multinational company, it can sell product of any country and generally buyer does not know the source of that product, so at the time of buying how can you decide that you are just buying or importing that product. 
in lack of some legal provision in Indian law it causes some confusion and you can get benefit of doubt. consult a lawyer and give reply of that notice.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
439 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
872 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0