Overview
- On November 24, a division bench led by Justices Prathiba M. Singh and Shail Jain rejected Customs’ review as meritless and ordered release of the detained consignments within two working days.
- The court imposed costs of Rs 25,000 in each case (Rs 50,000 total) to be recovered from Assistant Commissioner Jainendra Jain’s salary, stating the petitioners were being harassed unnecessarily.
- Judges noted similar products from larger companies, including Reckitt Benckiser, had not been stopped and observed that Customs had concealed material favorable to the petitioners.
- CBIC was directed to conduct inter-ministerial consultations and file a uniform policy on imports described as body massagers or sex toys by the next hearing on 9 December.
- The bench relied on CDSCO’s 2024 FAQ indicating general-wellness massagers do not require medical device approval and recorded that EPR registration may be sought after release, though lawyers said the consignments had not been released by Wednesday evening.