The Delhi Customs Intelligence (Preventive) wing has issued summons to Wintrack Inc, an importer of body massagers and personal wellness devices, triggering a fresh controversy over regulatory overreach, inconsistent enforcement, and alleged coercive practices by field officers at Indian ports.
The summons relate to the import of body massagers and vibrators, products that are widely sold across India through online platforms and brick-and-mortar retail outlets. According to the company, the goods have previously been cleared at multiple ports without objection, including MAA Chennai Air Cargo, as well as ports in Delhi and other locations.
A dispute between Wintrack Inc and the Delhi Customs (Preventive) Intelligence wing over the import of body massagers has escalated into a high-profile public confrontation, raising critical questions about BIS certification requirements, selective enforcement, and alleged harassment of importers.
The “BIS rule” generally refers to regulations by India’s Bureau of Indian Standards (BIS), making certification mandatory for many products (like electronics, machinery, and precious metals) for safety, quality, and fair trade, enforced via Quality Control Orders (QCOs) under the BIS Act, 2016, requiring marks like the ISI for compliance, with penalties for non-compliance. Separately, in US export controls, the BIS 50% Rule extends controls to entities majority-owned by sanctioned parties to prevent circumvention.
The controversy intensified after both sides exchanged statements on social media platform X (formerly Twitter), with Wintrack Inc accusing Customs officials of regulatory overreach and coercive practices, while Customs defended its actions citing intelligence inputs and alleged non-compliance.
Customs Claims Misdeclaration and BIS Non-Compliance
Responding publicly to Wintrack Inc, Customs (Preventive), Delhi, stated that intelligence had been received regarding misdeclaration in the import of body massagers by M/s Jubilant Innovations, an associate entity of Wintrack Inc.
According to Customs, examination of the goods revealed non-compliance with mandatory BIS requirements, particularly on the ground that the products were rechargeable electrical devices, leading to detention of the consignment.
“The importer’s CHA failed to produce the requisite BIS certification, and summons have been issued to the importer. Further investigation is under progress,” Customs stated.
Wintrack Disputes BIS Applicability, Alleges Selective Targeting
Wintrack Inc has strongly contested Customs’ position, maintaining that BIS certification is not required for the category of body massagers in question. The company urged the public to verify that body massagers sold on major platforms such as Instamart, Blinkit, Zepto and other e-commerce portals do not carry BIS certification, questioning the consistency of enforcement.
“Will the authorities take preventive action on those cleared shipments by Delhi Customs at least?” the company asked, alleging selective targeting.
Wintrack further claimed that numerous identical consignments have been cleared earlier at MAA Chennai Air Cargo, Delhi, and other ports without any objection, suggesting settled trade practice.
Alert Allegedly Triggered After Social Media Exposé
In a significant allegation, Wintrack Inc stated that the customs alert against Jubilant Innovations was placed only after a Twitter exposé in October, implying that heightened scrutiny followed public criticism rather than any statutory change.
“This is a clear case of harassment meted out to Jubilant Innovations, since it is an associate of Wintrack Inc,” the company said.
Reliance on Delhi High Court Judgments
Wintrack Inc has cited Delhi High Court judgments in W.P.(C) 3542/2025 and W.P.(C) 15448/2025, urging stakeholders to examine the rulings. According to the company, the judgments clarify that EPR documentation can be submitted post-release of goods and that consignments should not be detained mechanically when post-clearance compliance is possible.
The company reiterated that Jubilant Innovations holds a valid EPR certificate, countering allegations of environmental non-compliance.
Legal Battle Ahead
Wintrack Inc has indicated that its customs broker will present documentary proof to counter Customs’ claims and that its legal team is prepared to contest the matter in Delhi.
“Our legal team is ready for the battle in Delhi,” the company stated, alleging that facts are being “twisted to ensure we don’t get our goods easily.”
Broader Concerns for Importers
Trade experts say the episode highlights deeper systemic concerns, including:
- Lack of clarity on BIS applicability to emerging consumer electronics and wellness devices
- Non-uniform enforcement across ports
- Use of alerts and intelligence inputs without transparent disclosure
- Increasing tendency of disputes spilling into the public domain due to lack of institutional grievance redressal
The matter is being closely watched by the trade community, as it may set an important precedent on how Customs applies BIS norms to consumer wellness products, and on the limits of preventive powers under the Customs Act.
What Lies Ahead
With summons issued and investigation ongoing, the dispute is expected to move into formal adjudication or judicial scrutiny. The outcome could have implications not just for Wintrack Inc, but for hundreds of importers dealing in similar products across India.
Read More: Delhi Customs Intelligence Issues Summons to Wintrack Inc. Over Import of Body Massagers/Vibrators
