custom send me a call memo cum show cause notice for buying adult toy
3 years ago
I purchased a sex toy from snapdeal about 2 years ago now customs send me a notice that-
'' In this regard,it is seen that you have not submiited the required documents,Your imported item is restricted/prohibited and may not be released without proper document.Even rules do not permit/allow to return restricted item to the sender.The said goods become liable for absolute confiscation as per section 111 of customs act,1962.
Therefore,if you fail to submit the documents,your imported item will be liable for confiscation and you will also be liable for penal action under section 112 of customs act,1962.
However you are given an opportunity of personal hearing to represent your case before adjudicating authority.Either you or your legal representative may appear to undersigned on 22.02.2021 or 24.02.2021 or 26.02.2021 between 10.30am and012.30pm along with required documents in defence your case.if you want to change the date or do not want any ph,intimation should be sent before the dates of ph,If you fail to appear on the date,this office will consider that you have accepted your offence and the case will be decided on the basis of available records/documents resulting in absolute confscation and imposition of fine and penalty as per provisions of custom act,1962 read with releated rules and notifications & circulars in this regard.
now i want to clear the problem so what to do.
Viswanath M K
Responded 3 years ago
The details of penalties imposed under this Section are as follows:
(i) in case of goods for which any prohibition is in force under the provisions of this Act or any other law for the time being in force – penalty not exceeding the value of the goods or ₹ 5000/- whichever is the greater;
PENALTIES UNDER CUSTOMS ACT, 1962
The Customs Act, 1962 (‘Act’ for short) provides for penalties. Chapter XIV of the Act provides for imposition of penalties. The following sections dealt with imposition of penalties-
• Section 112 – Penalty for improper importation of goods etc.,
• Section 114 – Penalty for attempt to export goods improperly etc.,
• Section 114A – Penalty for short levy or non levy of duty in certain cases;
• Section 114AA – Penalty for use of false and incorrect material;
• Section 116 – Penalty for non accounting for goods;
• Section 117 – Penalty for contravention etc., not expressly mentioned;
Penalty for improper importation of goods
Section 111 provides for confiscation of improperly imported goods etc., under various situations. Section 112 provides for the penalty for improper import of goods.
Section 112 imposes penalty on any person in relation to any goods, in respect of the following:
• Doing an act which would render such goods liable for confiscation under Section 111;
• Omits to do any act which would render such goods liable for confiscation under Section 111;
• Abets the doing or omission to do such act;
• acquiring possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111.
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They probably want to verify your age to establish you were legally allowed the purchase the toy. Reply to their notice that you are ready to appear before them and provide any documents they might require to establish your good faith, then fix a date for your appearance. It will most likely be a mere informal verfication of the purchaser, but the sooner you act, the sooner the issue will be resolved.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Considering the nature of the item, they might be looking to verify your age. If you submit the required documents, they will release the item to you.
Reply to the notice saying you are ready to appear before them with your reasons for the purchase and documents, fix a date for the same. If you would feel more comfortable with a lawyer present, we will be happy to represent you.
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