Body massagers can't be categorized as adult toys: Bombay HC
The Bombay High Court on Friday overturned a previous ruling by the Commissioner of Customs to seize shipments of body massagers. The HC bench comprising Justices Girish Kulkarni and Kishor Sant determined that these products cannot be deemed as "adult toys" and are not restricted to import. Opining that body massagers could be used as adult toys is "clearly the figment of the commissioner's imagination and/or his personal perception," the bench highlighted.
Commissioner of Customs seized shipments in 2022
The commissioner of customs confiscated the shipment of body massagers on April 6, 2022, prompting an appeal by the proprietors to the Central Excise and Service Tax Appellate Tribunal. The tribunal rebuked the commissioner's decision and nullified his order. This led him to contest this verdict in the Bombay High Court, wherein he referred to section 292(2) of the Indian Penal Code (IPC), which defines any object as obscene if it is lascivious or appeals to prurient interest.
Court dismisses commissioner's claim of obscenity
The court addressed the commissioner's claim of consulting experts by stating, "merely because the goods could be subjected to an alternative use cannot be the test to hold that they are prohibited." It added that expert views on potential other uses do not render it a banned item. The court pointed out that body massagers are sold in domestic markets and are not deemed prohibited items.
Commissioner failed to act as a prudent official: Bombay HC
Furthermore, the court said that the commissioner had failed to act as a prudent official who would be expected to act reasonably while deciding the issue of clearance of goods. It also dismissed objections dependent on Section 292 (2) of IPC under which books, pamphlets, paper, and drawings or any other objects that are deemed to be obscene are prohibited. According to the court, machines like massagers certainly cannot be compared to items prohibited under the law.
