2025 (11) TMI 1742

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.... mode. REVIEW PET. 586/2025 REVIEW PET. 568/2025 2. The present review petitions have been filed by the Respondents under Order XLVII Rule 1 read with Section 114 and Section 151 of the Code of Civil Procedure, 1908 seeking review of the order dated 30th October, 2025. 3. Vide order dated 30th October, 2025, the Court had directed provisional release of the Petitioners' imported goods. In addition, Central Board of Indirect Taxes and Customs (hereinafter 'CBIC') has been directed to conduct an inter-ministerial consultation in respect of the uniform policy of permitting import of such products which are declared as body massagers or sex toys, so that the said policy can be uniformly applied. 4. The stand taken by the Customs Dep....

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....ted that the Petitioners can apply for the EPR Certificate even after the release of goods. In this regard, the Public Notice: 46/2023 dated 25th May, 2023 issued by the Commissioner of Customs (hereinafter, 'Public Notice: 46/2023') states that application for EPR certificate can also be filed even after the goods are released. 6. The Court has heard both the parties. A perusal of the FAQs would show that, insofar as massagers are concerned, they do not require any approval under the Medical Device Rules, 2017 as they are not being used for therapeutic or alleviation of disease. They are only for wellness and soothing purposes. 7. In addition, insofar as EPR certificate is concerned, the Public Notice: 46/2023 shows that the EPR cert....

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....permitted to be imported. The relevant document has been annexed as part of the rejoinder." 10. On the last date of hearing, pointed queries were also put during the course of arguments to ld. Counsels for Respondents, as to whether similar products of other companies, including Reckitt Benckiser, have been stopped or not, to which, clearly, the answer was that they were permitted to import. 11. In fact, the plea regarding import of similar products being permitted by the Customs Department has been recorded in the writ petitions in the following terms: (i) In W.P. (C)15448/2025: "Y. XXX That further, the said goods are also being imported by other importers at IGI Delhi Air Cargo itself and are cla....