- This topic has 16 replies, 6 voices, and was last updated 1 year, 4 months ago by
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UI ordered an adult toy from website outside India. I was not aware it isn’t legal to order it. I didn’t recieve it. So i asked for refund. Almost after 2 months, i got a legal notice from custom to appear . I did not appear. Then came a second notice. It is fine and i do not want to appear there. I don’t even need the item. What happens if i ignore the posts? How do i settle it without any problem? Can someone please suggest me? The notice reads as :-
XYZ(My Name)
123( My Address)
WHEREAS, I. bcd(name of superintendent) am making inquiry in connection with Section 11 under the Customs Act, 1962.
AND WHEREAS, I consider your attendance to
(a) give evidence and / or
(b) produce documents or things of the following description in your possession or under
your control:
1. To give statement to parcel no ……..
2. Proof of identity, aadhar/PAN etc.
3. Any other documents relevant in the matter
NOW, THEREFORE, in exercise of powers vested in me under Section 108 of the Customs Act, 1962, I do hereby summon you to appear before me authorised agent on in person or by an (given date and time of appearance) at the office of the office of Deputy Commissioner of Customs, (Address of office)
Inquiry as aforesaid is deemed to be a judicial proceeding within the meaning of section 229 and section 267 of Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and non-complinace of this summon is an offence punishable under section 208 and section 210 of Bharatiya Nyaya Sanhita, 2023 (45 of 2023)
Given under my hand and seal of office to-day the 27 day of January, 2025 at (Address of office)
Name: bcd(name of superintendent)
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QOf course it’s not legal. Only politicians and their billionaire guardians are allowed to screw you. If you screw yourselves they would be jobless!
But jokes aside, I don’t think they can prosecute you over a sex toy.. -
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UThis is a general notice which is given when they find something and they want some sort of explanation for you taking that item. You can ignore it, but they will dispose of the item in a year, so unless you want to collect the item, you can ignore.
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UI received it 4 – 5 times before the thing that I had got was disposed off. I was too busy in court proceedings and college to actually go there, so my thing was disposed of but only after 1 to 1.5 years. I don’t think there should be such big of an issue.
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UAlthough, your thing is kind of prohibited, so the procedure could be a little different. Even if you did not know that it was prohibited, ignorance of law is no excuse.
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UIt is not directly banned, but there are a few case laws which I just searched up and analysing those, I can figure that the thing will just be disposed of. I do not think that there will be any legal consequences as the offence under IPC (obscenity) has low conviction rates, and I don’t think there has been a conviction in a long time in relation to the current issue.
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UThough not a serious issue, don’t ignore it. Legal matters (especially with the government) might/might not come to bite you.
I too had imported a sex toy and the same thing happened to me. Got a notice from customs.
I wrote back that I ordered it accidentally and since I am a law abiding citizen, I agree to pay the penalty. I sent a cheque for the same as per the instructions received in the letter.
The max penalty they will charge is ₹5,000/- or the value of the imported product. Whatever is higher.
If ignored you might get a show cause. Not scaring you but it’s better to just pay the penalty and not leave any loose ends.
I received an acknowledgement and the case was closed after payment of the penalty.
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BThere should be a DIN number on the notice which you may verify on the customs website for genuineness
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UMaybe it’s a planned scam … The sellers are involved too, they know you can’t summon and then threaten you and ask for money by calling and sending police
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