echsync Vs Superintendent of Customs SIIB ACC Imports And Ors (Delhi High Court)
Delhi High Court held that CBIC should conduct inter-ministerial consultation in re respect of the uniform policy permitting or prohibiting import of products declared as ‘body massagers’ or sex toys.
Facts- The Petitioner is engaged in the import and supply of products claimed to be ‘body massagers’. The Petitioner had imported two consignments of the said products on 23rd December, 2024 and 31st December, 2024, which were cleared by the Customs Department for home consumption. It is the case of the Petitioner that even at the time of clearance of the said consignments the same were duly examined by the Customs Department, verifying all the aspects, details, features, and end use of the imported products. The Petitioner had thereafter imported two more consignments with the description of ‘Head and Chic Massager’ and ‘Silicone Therapy Sleeve’ which were seized by the Customs Department.
It is stated that all the above four consignments were declared under the Customs Tariff Heading No. 90191090 which fall under the category of “Mechano-Therapy Appliances; Massage Apparatus; Psychological Aptitude-Testing Apparatus; Ozone Therapy, Oxygen Therapy, Aerosol Therapy, Artificial Respiration Or Other Therapeutic Respiration Apparatus”. The Petitioner aggrieved by the said seizure of the imported products has preferred these petitions seeking release of the imported products.
