A recent judgment by the Bombay High Court has clarified that body massagers cannot be classified as adult sex toys and, therefore, cannot be included in the list of items prohibited for import. The court overturned the decision of the Commissioner of Customs to confiscate consignments containing body massagers on the grounds that they could be used as sex toys. The court stated that this categorization was a mere figment of imagination and dismissed the petition challenging the ruling. The judgment provides clarity on the import of body massagers and highlights that they cannot be deemed as sex toys.
The case came before the High Court after a tribunal had set aside the Customs order confiscating consignments containing body massagers. The Commissioner of Customs had claimed that these massagers could be used as sex toys and, therefore, fell under the category of prohibited items for import. However, the court observed that the Commissioner’s opinion was based on conjecture and lacked any factual basis or legal reasoning.
The court’s ruling brings relief to importers and sellers of body massagers who were facing uncertainty due to the confiscation of their goods. It establishes that body massagers are legitimate products for import and trade, as long as they comply with relevant regulations and standards.
This judgment also sets an important precedent in defining what constitutes a sex toy and highlights the need for clear guidelines in this regard. It emphasizes that mere potential usage as a sex toy does not warrant the classification of a product as such. Instead, a more nuanced approach is required, taking into consideration factors such as design, intended use, and market perception.
Overall, the Bombay High Court’s ruling brings much-needed clarity to the import and trade of body massagers. It reaffirms that these products cannot be considered sex toys and should not be prohibited from import. The judgment also underscores the importance of factual and legal reasoning in making decisions related to the classification of products. Importers and sellers can now proceed with confidence in their business operations, knowing that body massagers are recognized as legitimate goods in accordance with the law.
