Body Massager: The Bombay High Court on Wednesday upheld an order passed by the Central Excise and Service Tax Appellate Tribunal, ordering the release of certain consignments of body massagers seized by the Customs Commissioner. The Custom Commissioner told that these items are banned by the government and could have been used in some other way, hence they were confiscated, however, the court, while ordering their release, advised the Commissioner to come out of the mere imagination.
A division bench of Justice GS Kulkarni and Justice Kishore C Sant heard the case. He said, ‘Merely because this article has alternative uses of the nature considered by the Commissioner, there can never be a test to hold that this article was banned. Commissioner, stop your empty imagination. The court further held that this was clearly the result of the Commissioner’s imagination and/or his personal belief that the goods were contraband.
The Commissioner on April 6, 2022 considered the Caresmith Wave Body Massagers as “restricted goods” under the 1964 Customs Notification and required them to be seized under the Customs Act, 1962. The commissioner had contacted a physiotherapist and a gynecologist to find out whether the imported item was a body massager or a self-pleasure toy. Experts said, although this object was meant to massage the body, it could also be used for pleasure.
The Customs Department had also imposed fine on three traders for importing ‘restricted’ goods. The traders appealed the matter before the tribunal, which quashed the commissioner’s order, following which the department had to approach the High Court challenging the tribunal’s order.
The High Court rejected the appeals on Wednesday. The bench said, this section prohibits the import of obscene items. These machines like massagers certainly cannot be compared with the companion items in the entries (banned under the notification) such as obscene books, pamphlets, papers, pictures, paintings or stories etc.
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Tags: Bombay high court, Customs
FIRST PUBLISHED: March 21, 2024, 18:07 IST