I got a Show case notice from Customs chennai, regarding a package seized which contains adult toys. what to do.. i cant visit chennai also on the given dates..
Reply to the show cause notice stating that you did not intend to import such item was wrongly and mistakenly imported.
Also check limitation period of notice with custom act.
Also through written reply you can waive of right of personal presence before officer.
In this case a minimal penalty will be imposed .
Reply to show cause notice that you do not want personal hearing
2) that you imported sex toy for personal use
3)that you have no objections to goods being confiscated
Prepare a letter of apologize and in future you will not do any such act. Give undertaking in this regards. And pay penalty amount in the DD favour of custom officer which is mention in the custom notice.
No need to visit custom office of chennai.
Importing sex toy is banned in India.
Visit the custom office. Some fine not much heavy, say around 3k to 5k rupees may be imposed. Pay the fine. Case will be closed.
You can contest the case or pay the fine. It's not illegal to import sex toys legally
You should engage a lawyer who will write a reply to the show cause notice. This is important. Be present there otherwise they may pass an adverse order against you.
If you have received show cause notice from customs for importing adult toy then it becomes your duty to either give them a reply or visit their office on the date prescribed in the notice to attend the inquiry.
Please note that the buying of adult toys online or importing it is prohibited in law, hence the customs will seize the product and may issue notice seeking your explanation that why action should not be taken against you for this criminal offence.
You can even issue a reply notice claiming innocence of the law involved in this and to apologize you for this omission and also you may authorise them to confiscate the item and request to waive your personal appearance before them.
If you are not able to give a proper legally valid reply notice then you may contact any lawyer and proceed on his/her instructions to tackle this issue.
1. you must have ordered some sex toy
2. make a reply to the notice that you were unaware of the fact that adult toys are illegal in India and you are ready to pay the penalty,
3. thereafter pay the penalty and finish the scene.
personal hearing is not required
1. Import of sex toys in India is a punishable offence.
2. Send your reply to the Customs stating that you do not claim the item and have no objection if the item is destroyed.
Procuring of Adult Toys is prohibited in India.
You can issue written reply to the chow cause notice received by you.
You can plead that, the same was orders inadvertently without knowing about the prohibition.
You can request the department to confiscate the said toy and close the case without taking it further.
The SCN has 3 dates mentioned but no fine mentioned. I wont be able to attend. Can someone please help me draft the letter. i would like to touch up on the following issues. 1) Apology to buy unknowingly Adult toys , unaware of legality 2) plead innocence and first time offender 3) Authorize to confiscate and destroy. 4) Ready to pay fine (request to mention the fine) 5) plead to waive my personal hearing due to health reasons
in your reply mention
that you imported sex toy for personal use . you were not aware that import of sex toy is prohibited
2)that you have no objections to goods being confiscated
3) that you do not want personal hearing
4) that lenient view be taken and penalty waived
You must appear by yourself or by some authorised representative or seek for new date on ground of illness.
Contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1 for drafting
Kindly sharw the details so that an apology letter can be drafted.
Dear Sir,
You need to immediately hire a drafting lawyer and get a reply drafted on the following points. - that you had no idea that import of sex toys was prohibited in India - that you do not have any objection to sex toy being confiscated by customs - that you do not want any personal hearing on this matter - that you purchased the toy only for personal use.
I affirm that this kind of purchase will not be made again by me. As I was unaware of the law ,the mistake was unintentional.
NO apology but your ignorance about the prohibition to import of such toys and as it this came to your knowledge, you cancelled the delivered but till than item was delivered. Send the detail/precise reply by registered post or through advocate and request for amnesty being first offense. Don`t agree to pay fine in advance.
Max. 5k penalty will impose.
What all captured in you post, you may convert it into first person, and send it to the department. This platform is meant for sharing legal opinion based on the contents of the post received.
The other way round, you can contact local advocate near your place / choose one of KANOON's lawyers located at your place for doing the needful.
Do not mention about your willingness to pay fine. Upon the response / reply received by the department on your reply, if need be, you may then offer to pay fine as stated above.
Write a letter to the Customs department citing that the you are unaware of the provisions of law and by inadvertence you had ordered the same through online shopping and also request for a personal hearing.
Engage an advocate who deals in such matters to draft the same
You can contact any advocate of this forum through the phone consultation facilities available in this forum and get the needful done at his/her terms.
1. A simple letter addressed to.officer sending SCN can be made containing all these points.
You can book a phone consultation with me for drafting the letter.
Don't apologise. Your approach is impractical and can put you in further trouble.
1. You should send reply to the notice with registered post.
2. Mention that I seek apology for importing the banned goods. That you want extemption from personal appearance and ready to pay nominal penalty for import of goods.
3. Send all the documents recieved by you related to import of sex toy.
yes, this can do want soever you have written above.