Delhi High Court Slams Customs Department Over 'Sex Toy' Cargo Dispute, Orders Release

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In a significant ruling, the Delhi High Court has dismissed the customs department's review plea against the release of two consignments of 'massagers' and 'therapy sleeves' imported by Techsync. The court has imposed a fine of ₹50,000 on the customs department for harassing the importer. The high court's bench, comprising justices Prathiba M Singh and Shail Jain, had earlier ordered the release of the goods, citing a lack of prohibition on their sale in India. The customs department had argued that the products were prohibited under a 1964 notification, but the court rejected this claim, noting that similar products were widely available in the country. The dispute began when customs officials seized the consignments, claiming they were sex toys. However, the court criticized the customs commissioner for relying on personal assumptions and for branding the products as obscene without sufficient evidence. In its review petition, the customs department argued that the products required licensing or certification from the Drug Controller General of India (DCGI) and that Techsync lacked the necessary 'Extended Producer Responsibility (EPR)' registration certificate. However, the high court upheld its earlier ruling, stating that DCGI certification was not applicable and that Techsync was free to seek an EPR certificate after the goods were released. The court's decision marks another setback for the customs department, which had earlier been criticized for selective enforcement. The high court has also directed the Centre to conduct an inter-ministerial consultation to frame a clear policy on the import of sex toys, citing the lack of regulatory clarity as a contributing factor to arbitrary decision-making.