Customs Show Cause Notice: Import of Adult Toy
So I ordered an adult toy from viva-awa.com and got the following show cause notice from customs;
The adult toy does not represent any male or female reproductive organs. Basically can be considered similar to a door knob.
Questions:
1. If I accept the charge and pay penalty; will they ask for any more documents like aadhar card / pan card?
2. Will that offense get registered against my name which will cause me troubles in future Visa applications, job applications, etc.?
3. Can I deny the charge on the grounds that it is for personal use and refer to High Courts comments on Kavita Phumbhra V. Commissioner of Customs ( port ) 2011 SCC Online Cal Cal 2378 : ( 2011 ) 4 CHN 663 : (2012 ) 1 cal LJ 157 : ( 2012 ) 276 ELT 37?
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CALL-CUM-SHOW CAUSE NOtICE
1. Whereas, the postal consignment having Tracking no. 123456789 M. No. 1234/56 ABCD(importer) having declared address as BLAHBLAHBLAH (here-in-after referred to as "the importer") and whereas the importer(s) have imported the said consignment for personal use thus falling under CTH 9804 and declared to contain home decoration and having declared FOB/CIF value as US Dollars0
2. Whereas the consignment on examination was found to be obscene which falls under Prohibited goods category as Import of such Obscene Item/material is prohibited as Section 292(i) of the Indian Penal Code read with Section 111 of the Customs Act, 1962 and the said goods are liable for absolute confiscation. Notification No. 1/1964 - Customs dated 18.01.1964 prohibits the import of any obscene book, pamphlet, paper, drawing, painting, representation, figure or article.
3. It appears that the said importer has knowingly made improper importation of the said prohibited consignment is liable for absolute confiscation under the provisions of Section 111(d) of the Customs Act, 1962 and by the said actions and inactions on part of the importer has rendered himself liable for the imposition of penalty under Section 112(a) of the Customs Act, 1962.
4. Now therefore, the said Importer is hereby required to show cause to the Superintended/Appraiser of the Customs, Postal Appraising Section having his/her office at blahblah Mumbai within ten (10) days of receipt of this notice as to why:
(a) the said prohibited goods mis-declared as home decoration having assessable value of Rs. 0 should not be confiscated under Section 111(d) of the Customs Act, 1962.
(b) Penalty should not be imposed upon the importer under Section 112(a) of the customs ACt, 1962.
(Note : Any appearance in person to be between 1430hrs and 1630hrs on working days.)
The importer is given option to accept the charge/offense and deposit Rs.5000/- towards Penalty for the improper importation, by demand Draft in favor of "COMMISSIONER OF CUSTOMS, MUMBAI RBI a/c" against the above call notice.