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The HC ordered provisional release of the imported consignments...
Provisional release ordered for imported consignments declared as body massagers; selective detention over obscenity inconsistent without uniform CBIC policy
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The HC ordered provisional release of the imported consignments declared as body massagers, finding that alleged misdeclaration as obscene sex toys cannot be selectively detained in the absence of a uniform CBIC policy and consistent administrative treatment; prior conflicting determinations preclude continued seizure. The court applied the community-standards approach to obscenity and noted that individual perceptions cannot dictate prohibition. The consignments shall be provisionally released to the petitioner upon execution of an appropriate bond and payment of applicable customs duty, to be effected within one week of compliance. Matter listed for reporting compliance on 9 December 2025.
The HC ordered provisional release of the imported consignments declared as body massagers, finding that alleged misdeclaration as obscene sex toys cannot be selectively detained in the absence of a uniform CBIC policy and consistent administrative treatment; prior conflicting determinations preclude continued seizure. The court applied the community-standards approach to obscenity and noted that individual perceptions cannot dictate prohibition. The consignments shall be provisionally released to the petitioner upon execution of an appropriate bond and payment of applicable customs duty, to be effected within one week of compliance. Matter listed for reporting compliance on 9 December 2025.
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