Body massager cannot be listed as adult sex toy, can't be prohibited for import, says Bombay HC
Body massagers cannot be listed in category of adult sex toys
A body massager cannot be listed in the category of adult sex toys, said the Bombay High Court on Wednesday (Mar 20) and added that it will not be prohibited for import.
A division bench of Justices Girish Kulkarni and Kishor Sant rescinded the Customs Department's order of confiscating consignments that contained body massagers.
The Commissioner of Customs, claiming that the body massagers could also be used as adult sex toys, had confiscated the goods in 2022.
The Commissioner stated that before making a decision to prohibit the goods, the opinions of experts were taken who had opined that massagers could be used as erotic toys for sexual pleasure.
The high court underlined that because body massagers could be subjected to an alternative use, it did not put the products under the scanner of the ones that were prohibited by the department for imports.
"It appears that such experts clearly opined that although undoubtedly the item as imported was a body massager, however, it was also their opinion that the item could also be used for the purpose which the Commissioner contemplated," the high court said.
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'Figment of Commissioner's imagination'
It further said that the massagers could be used as sex toys was indeed a concoction of the Commissioner of Customs' imagination.
The high court said that the findings recorded by the commissioner are "peculiar and clearly appear to be quite astonishing and too far-fetched when he reduces in writing his vivid imagination on what an equipment for a body massage would be and more particularly on his perception on the perceived uses."
"It was clearly the figment of the Commissioner's imagination and/or his personal perception that the goods are prohibited items," the high court said.
It also noted that the body massagers were traded in domestic markets and were not considered as the items that are prohibited.
Severely denouncing the Commissioner, the court stated that the adjudicating officer did not act as a prudent official who otherwise would be expected to perform reasonably especially while making decisions related to the issuance of clearance of goods.
The bench dismissed the petition filed by the Commissioner of Customs and upheld the tribunal order.
(With inputs from agencies)