1) file reply to show cause notice
2) submit documents required by customs
3) mention the sex toy was imported for personal use
4) that you have no objection if the sex toy is confiscated
5) that you dont want personal hearing
Show cause notice for import of sex toy
Hi, I purchased a Sex Toy ( 6.46 usd means 450 rs )online @[deleted] and I honestly never knew that these items are banned in India and that it's import is prohibited, and the laws about and related to import of goods to India today i have received notice from Ahmadabad . they ask submit doc at [deleted] 1.invoice 2. payment detail 3.id proof how should i handle this toystory!
Asked 8 years ago in Civil Law
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6 Answers
should i submit my bank record for payment detail ? after submitting all detail what would be outcome
Asked 8 years ago
1`) no need to submit your bank record for payment details
2) sex toy would be confiscated and nominal penalty impose upon you
i have send email " hello sir i have received detention cum show cause notice of parcel no.ah/381176/17 regarding this parcel 1.) This is only for personal use . 2) I have no objection if the parcel is confiscated . 3) I don't want personal hearing . Document relate to this issue have attached ." than they reply Gentlemen, Regarding subject parcel, it is to mention that the subject parcel contains the goods viz. sex toy falls under “Prohibited Goods” being obscene article. The term “Prohibited Goods” has been defined in sub-section 33 of Section 2 of the Customs Act thereby meaning “any goods the import or export of which is subject to any prohibition under the Customs Act or any other law for the time being in force”. Import and export of some specified goods are prohibited under other laws such as Foreign Trade (Development& Regulation) Act, Foreign Trade Policy, Environment Protection Act, Wild Life Act, The Foreign Exchange Management Act, The Trade Marks Act, Arms Act, Drugs & Cosmetics Act, etc. Prohibitions under those Acts will also be treated as Prohibitions under the penal provisions of the Customs Act, rendering such goods liable to confiscation under section 111(d) of the Customs Act (for import) and 113 (d) of the Customs Act (for export). Since, the subject parcel containing SEX TOY as shown above are prohibited goods as per the provisions of the DGFT, Ministry of Commerce and Industry, Department of Commerce, New Delhi and notifications 1/1964-Cus. issued under Section 11 of Customs Act, 1962 by the Ministry of Finance(Department of Revenue) dated 18.01.1964. Sex toys are prohibited for importation into India under the provisions of section 11 of Customs Act, 1962. Accordingly, the good(s) lying with the subject parcel is/are liable for seizure under the provisions of Section 110 of Customs Act, 1962 and also liable for confiscation under the provisions of Section 111 (d) of Customs Act, 1962. The goods Sex Toy is prohibited to import in India and it’s an violation of the provisions of Notification No.113/(RE-2008) 2004-2009 dated 16.06.2009, as amended issued by the D.G.F.T., Ministry of Commerce and Industry, Department of Commerce, New Delhi. The imported goods i.e. sex toy is liable for absolute confiscation under the provisions of Section 111(d) of Customs Act, 1962 and liable for penalty under Section 112(a) of the Customs Act, 1962 in as much as they willfully mis-classified the goods imported by him with an intent to effect clearance of imported prohibited goods as per Notification issued under Section 11 of Customs Act, 1962 ibid. You are requested to please specifically state whether you require any show cause notice or personal hearing in the matter before adjudication. Yours sincerely, Superintendent of Customs, Foreign Post Office, Ahmedabad what is of meaning of it ? They don't mention any penalty amount what to next
Asked 8 years ago
1) in reply mention you don't want any personal hearing
2) you were not aware that import of sex toy is prohibited
3) you have no objection to goods being confiscated
4) request that since sex you was imported for personal use lenient view be taken and no penalty imposed
5) customs would impose penalty of around Rs 5000
they ask submit doc at [deleted]
1.invoice
2. payment detail
3.id proof
how should i handle this toystory!
You should have received a notice from the customs department about this and the item imported would have been confiscated.
This is not a joke that you mention it as toy story.
It is a serious offence.
However you can issue a reply notice claiming innocence of law and allow the authorities to confiscate the item and pardon you for the same
should i submit my bank record for payment detail ? after submitting all detail what would be outcome
Dont furnish any bank account details in a hurry.
You can give an evasive reply to this
what is of meaning of it ? They don't mention any penalty amount what to next
You have to give a reply notice properly to the notice received now.
The technically drafted reply would convince authorities to stop taking further steps if you would engage the services of an experienced lawyer for this purpose.
You may choose a lawyer from this forum too or any expert lawyer i the local also.