Goods Cannot be Deemed Obscene Based on Imaginative or Potential Misuse - Caresmith Wave Body Massagers Not Adult Sex Toys: Bombay High Court

The Bombay High Court in a landmark judgment addressed the interpretation of ‘obscene’ under customs law and its applicability to imported goods. The court emphasized that the classification of imported items as ‘obscene’, particularly in the context of ‘Caresmith Wave Body Massagers’, should not rely on subjective perceptions or imaginative potential uses.

The issue revolved around the import of “Caresmith Wave Body Massagers,” which the Commissioner of Customs, NS-V classified as prohibited ‘Adult Sex Toys’ under Customs Notification No. 01/1964-Customs. This decision was based on the Commissioner’s perception that these massagers could potentially be used as sex toys. The case raised questions about the application of obscenity definitions under the Customs Act and the Indian Penal Code.

Objective Standards vs. Subjective Perceptions: The Court critiqued the subjective approach taken by the Commissioner. Justice G.S. Kulkarni noted, “Firstly, it was clearly the figment of the Commissioner’s imagination and/or his personal perception that the goods are prohibited items.”

Interpretation of Obscenity under Customs Law: The Court highlighted the need for an objective interpretation. “Any perverse application of law would fall foul of the rules of legitimacy and fairness expected from a quasi-judicial authority,” the Court observed.

Applicability of Customs Notification and IPC: The Court found that the Commissioner’s interpretation, influenced by personal views and not legal standards, failed to appropriately apply the customs notification and IPC provisions.

Decision: The High Court overturned the decision of the Commissioner of Customs, allowing the import of ‘Caresmith Wave Body Massagers’ and ruling them not to be ‘obscene articles’ under the relevant customs and penal provisions. The Court directed customs authorities to adhere to legal definitions and objective standards in determining the obscenity of imported goods.

Date of Decision: 20 March 2024.

Commissioner of Customs NS-V vs. Doc Brown Industries LLP,