An E-commerce consultant has been granted permission to pursue a lawsuit against the Comptroller of the Customs and Excise Division over the seizure of a sex doll.
High Court Judge James Aboud last week granted the man leave to proceed with a judicial review case against the division over the seizure in December, last year.
Shortly after importing the mannequin in December, the man, whose name was withheld at the request of his attorneys over fear of embarrassment, was informed that it contravened section 45 (l) of the Customs Act as it has human genitalia.
The legislation prohibits the importation of indecent or obscene prints, paintings, books and pornographic material.
The man’s lawyers are contending that the legislation does not cover such items and other adult toys.
A similar lawsuit was filed by businessman and sex therapist Giriraj “Raj” Ramnanan after Customs officers seized a shipment of his goods.
Ramnanan’s case is still pending.
As a secondary issue in the case, the man’s lawyers are claiming that the Division’s continuing refusal to allow him to clear the goods is unlawful as it is required to apply to a court to forfeit the doll.
Through the case, the man is seeking declarations against the division as well as the immediate release of the item.
The issue of the legality of importing sex toys arose last year when E-courier Web Source issued a notice to its customers warning that such intimate items fell under the division’s list of prohibited items.
The list included other conventional contraband including drugs, firearms and camouflage clothing.
Finance Minister Colm Imbert responded to public furore over the issue and claimed there was no law directly prohibiting the importation of such items.
However, he noted that it was within the division’s purview to determine what constituted indecent or obscene items under the legislation
The man is being represented by Jagdeo Singh, Dinesh Rambally, Kiel Taklalsingh, Stefan Ramkissoon and Kavita Boodoo.
The case is expected to come up for case management next month.