Man wins back vehicle seized after carrying cigarettes without paying duty

The First Hall of the Civil Court upheld an application filed by Mario Falzon against the seizure of his guilty after having been found guilty of transporting smuggled cigarettes, which he claimed was in breach of his human rights.

Falzon had been charged of transporting cigarettes on which duty had not been paid. Article 68 of the Customs Ordinance issued the seizure of the vehicle transporting the goods.

Falzon's lawyers are claiming that this seizure of vehicle breached his right to enjoy his private property as stated in the Constitution and the European Convention of Human Rights, and demanded a revocation of the order.

Mr Justice Joseph Micallef upheld the claimant's application and asked the Attorney General to uphold the claim within 20 days.

Lawyers David Camilleri and Joseph Gatt signed the application on behalf of Mario Falzon.