A MAN has been spared an immediate prison term for selling counterfeit cigarettes at his convenience store in Poole and being caught in possession of a further £103,000 of fake tobacco products.
Aryan Anwar Abdullah was the owner of Poole Convenience in High Street back in 2018 and 2019 when his business came to the attention of trading standards.
A search of the business unearthed fake cigarettes purporting to be Mayfair and Business Royals products.
Following up with a test purchase four months later, a BCP Council officer found counterfeit products were still being passed off as genuine.
Having already appeared in court and initially pleaded not guilty to these matters, Abdullah was caught in Wales with more than £100,000 of fake cigarettes.
Judge Keith Cutler told Abdullah that his offending posed a potential risk of putting lives at risk of significant harm because of the dangerous products he sold.
“Dangerous not only as they do not extinguish but dangerous because they did not carry all the warning pictures on them as they should have been carrying,” Judge Cutler said.
Abdullah, 40 and of Wembley Street, Swindon, received a two-year prison sentence, suspended for two years, with a requirement to carry out 100 hours of unpaid work.
Bournemouth Crown Court heard the council’s investigation cost more than £13,000 but no order for was cost was made by the judge, with the defendant required to pay a £100 surcharge.
Prosecuting, Tom Evans said in December 2018 Abdullah was the proprietor of Poole Convenience.
“As a result of intelligence received, three trading standards officers along with Police Inspector Thompson carried out test purchases at the premises," Mr Evans said.
“They employed three male youth volunteers who were aged 15. They went into the store and purchased a pack of Golden Virginia rolling tobacco. Immediately afterwards officers challenged the vendor.”
The court heard the man behind the till claimed to be looking after the premises for his friend who had just gone out.
The officers were given permission to search the shop.
“In the rear of the property they found a bag containing counterfeit products – 96 packets of counterfeit Mayfair cigarettes, which the defendant had set to pass off as genuine,” the prosecutor said.
Mr Evans said the cigarettes were dangerous products as the did not comply with the European Safety Standards for reduced ignition propensity.
A further 39 packets purporting to be Business Royals were found and also deemed dangerous for the same reason and two counterfeit packs of Amber Leaf rolling tobacco.
The defendant was interviewed on March 19, 2019, and confirmed he owned the business but he had no knowledge of the tobacco products, which had a value of £1,600.
A council officer returned to Poole Convenience on April 12, 2019, to carry out a test purchase.
He asked for Mayfair cigarettes. The vendor in the shop went out into the back room and came back with a packet of cigarettes being passed off as genuine when they were counterfeit.
He initially appeared in court in relation to the Poole matters on January 27, 2021, when he entered not guilty pleas.
However, the following month he was driving in Bargoed when he was stopped by Caerphilly Police.
“They searched his vehicle,” Mr Evans said. “Several large white boxes were sealed with tape. He was asked by the police what they were and his response was ‘I don’t know, I just deliver’.”
The court heard the boxes contained 7,000 packets of counterfeit Richmond Blue 20 packs , which had no health warnings on. They had a value of £103,000.
In interview, he made no comment, before entering guilty pleas to four charges of possessing goods with a false trade mark for sale and two counts of being a distributor possessing a dangerous product for supply at Poole Magistrates’ Court on May 4.
Abdullah had two previous convictions relating to food hygiene matters in 2015 and supplying tobacco without health warnings in 2018. He received financial penalties for these matters.
Rizwan Ashiq, mitigating, said the defendant, who has two sons, now worked at a grocery shop.
Mr Ashiq said the impact of his client going to prison would be “devastating” for his wife and children with them having to return to Iraq.
“Since 2021 he has been working,” Mr Ashiq said. “There has been no further offending.”
Judge Cutler told the defendant: “You are before this court today for repeated offences concerning false trademarked cigarettes.
“You were before the courts before in 2015 and 2018 for offences in relation to food and then cigarettes – you were treated to financial penalties.
“Your position today is different. You would know that the offences carry with them significant periods of custody.”
He added: “You are a man who is responsible for a wife and two young children. You now have employment. You have shown remorse and understand you must not repeat this illegal form of activity.
“I am willing to suspend that sentence for a period of two years.”
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