(Trinidad Express) A box of adult novelty goods that was imported into this country by sexologist Dr Raj Ramnanan but seized by the Comptroller of Customs in 2017 is to be returned to the businessman, a High Court judge has ruled.
But the return of the “adult toys” will not immediately take place, since the court has also granted the State a two-week stay on the execution of the order.
Justice Ricky Rahim made the ruling at the Hall of Justice in Port of Spain on Friday after Ramnanan filed a judicial review claim last October in challenge of the Comptroller of Customs’ decision to seize the items.
In all, three boxes were seized, one on August 29, 2017, and two others on November 15, that same year.
It was seized on the basis that the items were considered to be offensive in nature and prohibited from importation under the Customs Act.
In his claim, Ramnanan was seeking to have the court declare that the comptroller’s failure to institute forfeiture proceedings within a reasonable time at the Magistrates’ Court was unlawful.
He contended that this failure was made in breach of natural justice and his right to protection of the law in that the forfeiture proceedings would have allowed afforded him the opportunity to be heard in relation to the comptroller’s decision to seize the goods.
While Justice Rahim made the declarations in relation to the first box, the judge dismissed the claim with regard to the other two boxes.
This was because under Section 220 of the Customs Act, when goods are seized, the owner of the goods must be notified of the seizure in writing . The owner of the goods then has one week within which to give notice to the comptroller that he claims the items, whereupon proceedings shall be taken for the forfeiture and condemnation thereof.
In this case, Ramnanan was notified of the seizures and he had in fact issued notice to the comptroller with regard to the first box of items within the stipulated time-frame However, in relation to the other two boxes, his attorneys contended that an email was issued to Zaid Mohammed, the supervisor of the preventative branch of Customs, in December 2017, which they said, qualified as a notice of ownership.
But Mohammed said he never received that email. Also the court said it was not satisfied that Ramnanan had fulfilled his obligations with regard to those two boxes of adult toys.
In addition to the first box having to be returned, damages inclusive of exemplary damages is to be awarded to Ramnanan. The amount to be awarded is to be assessed by a High Court Master.
The State has also been ordered to pay 75 per cent of the legal cost incurred by him in bringing the claim.
He was represented by attorneys Jagdeo Singh, Kiel Taklalsingh, Dinesh Rambally and Karina Singh.
