Delhi High Court Directs CBIC to Frame Uniform Policy on Import of Massagers and Sex Toys

The Delhi High Court has issued a significant directive to the Central Board of Indirect Taxes and Customs (CBIC), requiring inter-ministerial consultation to establish a clear, uniform policy on the import of products declared as body massagers or sex toys. This move comes in response to inconsistent enforcement and selective seizures by customs officials, which have created uncertainty for importers and businesses.

Background/Context

The case arose when an importer, Techsync, challenged the seizure of consignments described as 'Head and Chic Massager' and 'Silicone Therapy Sleeve' by the Customs Department. While similar products had previously been cleared for other companies, Techsync’s goods were detained on the grounds that they were sex toys, allegedly prohibited under Notification No. 01/1964-Customs (dated 18 January 1964) as obscene products. The petitioner argued that the products were body massagers, not obscene items, and should not be subject to arbitrary classification.

The Customs Department relied on the 1964 Notification and Section 294 of the Bharatiya Nyaya Sanhita, 2023, to justify the seizure, claiming the products were obscene. The lack of uniform guidelines led to inconsistent treatment of similar imports.

Court’s Decision

A bench of Justices Prathiba M. Singh and Shail Jain held that the determination of whether a product is obscene cannot be left to the discretion of individual customs officials. The court cited the Bombay High Court’s decision in Commr. of Customs v. DOC Brown Industries LLP (2024), which interpreted the notification to apply only to items like books, pamphlets, drawings, and similar articles, not massagers.

The Delhi High Court ordered the CBIC to conduct inter-ministerial consultations and develop a uniform policy reflecting contemporary standards. Until such a policy is issued, the court directed that similar products should not be seized or detained selectively, and ordered provisional release of the petitioner’s goods upon furnishing a bond.

Why This Matters

This ruling is crucial for importers, retailers, and manufacturers of personal wellness products, as it ensures fair and consistent treatment under customs law. It also protects businesses from arbitrary enforcement and provides clarity for consumers regarding product availability.

Legal Principle Highlighted

The principle of uniformity in customs enforcement is central to this decision. The court emphasised that obscenity determinations and import bans must be based on national standards, not subjective opinions. Notification No. 01/1964-Customs and the doctrine of ejusdem generis were cited to clarify the scope of prohibited items.