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Can I act now to avoid a notice from customs for importing a sex toy
30-Oct-2023 (In Customs & Central Excise Law)
Hello sir I have ordered a sex toy from a global e commerce website without being aware that the item is in the prohibited items list. The parcel is in transit to Kolkata Airport Sorting office. I am afraid I'll receive a show cause notice from the Assistant Commissioner about this act. Can I write through a lawyer to the Assistant Commissioner about the matter and say that I do not wish to import the shipment anymore and to confiscate or send it back to the sender as they seem fit ? or should I wait for the show cause notice and then counter it ? Is there anyway for me to request any authority between Kolkata Airport sorting office and Kolkata customs check to intercept the parcel and destroy/send it back to the sender before the parcel reaches the customs for inspection ? I thought declaring contents about the parcel beforehand and not claiming it now would be better than the customs examining it which leads to a show cause notice. Kindly let me know which would be a wise step
Since the import/sale of sex toys is banned in India as per IPC section 292 and is a prohibited item, the import of the same by you is in contravention of the law and hence it will be liable for absolute confiscation alongwith penalty. A show cause notice will be issued to you by the department wherein you may choose to appear for the personal hearing or waive the same after filing a reply. Since, you wish to disclose the same to the relevant authority before being served with a show cause notice, you may do the same by writing a letter to them. However, you may still have to pay the penalty once the goods get confiscated.
Helpful?
48+
48+
Adv. Sanskar Rajendra Nagar
Mumbai | 25+ Answers
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1. Sex toys are prohibited item is can not be imported in India under any circumstances
2. the bill of entry is filled or not, the Import Export code and CHA has full there KYC formality or not need to be check
3. such transaction if Economical office which can invite COFEPOSA " preventive detention " if you are repeat offender .
4. Law of preventive detention are in force till its get executed against proposed detenu, and it can be challenge only by Art 226 & 32 of the Constitution of India.
5. What is your role, Importer, CHA, IEC, or Middle man that is to be taken in to consideration, ???
2. the bill of entry is filled or not, the Import Export code and CHA has full there KYC formality or not need to be check
3. such transaction if Economical office which can invite COFEPOSA " preventive detention " if you are repeat offender .
4. Law of preventive detention are in force till its get executed against proposed detenu, and it can be challenge only by Art 226 & 32 of the Constitution of India.
5. What is your role, Importer, CHA, IEC, or Middle man that is to be taken in to consideration, ???
Helpful?
28+
28+
Adv. Satya Prakash Hariom Shukla
Mumbai | 25+ Answers
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