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EXCISE DUTY � seizure of vehicle � whether decision not to restore was unreasonable � no � appeal dismissed
Mr Richard Evans of Counsel, instructed by the Cash, Forfeiture and Condemnation Legal Team of the Home Office, for the Respondents
This is Ms Zelazowska�s appeal against the refusal of the Border Force to restore a car which had been used for smuggling tobacco. The driver of the car was Mr Giermak, who at the time was Ms Zelazowska�s partner.
We begin by explaining the legal background. When a vehicle is seized by the Border Force there are two separate issues:
(1) Has the vehicle been lawfully seized, for instance because it has been used for smuggling?
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Common Room
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