It is only an imagination that body massager will be used as sex toy; cannot prohibit its import, says High Court

MUMBAI: The Bombay High Court on Wednesday quashed an order passed by the Customs Department confiscating consignments which contained body massagers. It was the division bench comprising Justices Gireesh Kulkarni and Kishore Sant that issued the verdict. The bench also observed that a body massager cannot be categorised as an adult sex toy and hence its import cannot be prohibited.

In April 2022, the commissioner of Customs as adjudicating officer had refused to clear a consignment containing body massagers pointing out that they were adult sex toys and hence prohibited for import as per the Customs notification issued in Jan 1964. The Bombay High Court issued the new verdict on the plea filed against this.

The High Court observed the argument that body massagers could be used as a sex toy was clearly the figment of the imagination of the Customs commissioner. The High Court also dismissed a petition filed by the commissioner of Customs challenging the order passed by the Central Excise and Service Tax Appellate Tribunal in May 2023 whereby Customs order confiscating consignments containing body massagers was set aside.

The court noted that body massagers are traded in the domestic market and are not considered prohibited goods. The court also observed that the customs commissioner had failed to act as a prudent official who would be expected to act reasonably while deciding the issue of clearance of goods.