The Commissioner of Customs had justified the confiscation by claiming that body massagers could be utilized as sex toys and were therefore prohibited from import...
Digital Desk: The Bombay High Court has recently made a significant ruling regarding the importation of body massagers, stating that they cannot be classified as adult sex toys. The decision, upheld by a division bench of Justices Girish Kulkarni and Kishor Sant, comes as a response to the Customs and Service Tax Appellate Tribunal's order to confiscate consignments containing body massagers back in May 2023.
The Commissioner of Customs had justified the confiscation by claiming that body massagers could be utilized as sex toys and were therefore prohibited from import. However, the High Court dismissed this notion as a "figment of imagination" and criticized the Commissioner's perception as too far-fetched.
The Court emphasized that simply because a product can potentially be used for an alternative purpose, it should not automatically be deemed prohibited. In this case, despite the possibility of alternative uses, body massagers satisfied the criteria for goods eligible for import and sale.
Furthermore, the High Court highlighted that body massagers are commonly traded in domestic markets without being considered prohibited items, further undermining the Commissioner's argument.
The tribunal's decision in 2023 also echoed the sentiment that categorizing body massagers as adult sex toys was purely speculative and not based on substantial evidence. Despite claims that expert opinions, including those of a gynecologist and physiotherapist, supported the Commissioner's stance, the Court dismissed these assertions as unfounded.
The Commissioner had also referenced section 292(2) of the Indian Penal Code, which deals with obscenity, to justify the classification of body massagers as prohibited items. However, the High Court rejected this comparison, stating that machines like massagers cannot be equated with items designed specifically for adult entertainment.
The Bombay High Court's ruling sets a precedent regarding the importation and classification of body massagers, emphasizing the importance of evidence-based decision-making rather than speculative assumptions. This decision not only clarifies the legal status of body massagers but also underscores the need for informed judgments in matters of import regulation.
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