A Jiangsu man transported hundreds of cartons of cigarettes by car and was confiscated. He angrily sued the Tobacco Bureau. What was the court’s final verdict?

After this man in Jiangsu had his cigarettes confiscated, he sued the Tobacco Bureau to the court and asked him to repay the confiscated cigarettes. After a trial, the court rejected the man’s claim. The man was dissatisfied with the first-instance judgment and filed an appeal. The second-instance court upheld the original judgment and rejected the man’s claim. The matter ultimately ended with the man losing the first and second instance.

Cigarettes are essential for smokers and are also an indispensable "ration" in life. People and vehicles without transportation permits cannot transport cigarettes in large quantities to other places. This is also an important reason why men who transport cigarettes to other places will be confiscated by the Tobacco Bureau. A large number of cigarettes were stored in the car and were found by the police. The Tobacco Bureau rushed to confiscate them.

In the incident, the man ran a cigarette shop in Nantong and ordered more than 900 cartons of cigarettes through the tobacco monopoly ordering system. His wife Nearly half of the cigarettes were placed in the trunk of the vehicle. The man and his friend drove to Changshu to buy hairy crabs, and then the unlicensed transportation to other places occurred.

According to the man’s account, he did not know that there were hundreds of cartons of cigarettes in the trunk. When he received a call from his wife asking about his whereabouts, he learned that there were more than 400 cartons of cigarettes in the trunk of his vehicle. Because of this batch of cigarettes, he was stopped by the police and notified the Tobacco Bureau to come and deal with it. After the Tobacco Bureau arrived, it believed that the man had violated the relevant regulations on tobacco monopoly and confiscated the cigarettes he transported. The man was dissatisfied with the Tobacco Bureau's handling and sued the Tobacco Bureau to defend his rights. He lost both the first and second instances.

The man was dissatisfied with the Tobacco Bureau's punishment. In the man's opinion, he did not know in advance that there were cigarettes in the trunk of the vehicle. . Moreover, I am also engaged in a tobacco and alcohol franchise. The confiscated cigarettes are genuine products from the tobacco monopoly ordering system.

In order to get back his confiscated cigarettes and recover his financial losses, the man sued the Tobacco Bureau to the court and asked it to return the confiscated cigarettes. After a trial, the court determined that the man's behavior did violate the "Regulations on the Implementation of the Tobacco Monopoly Law." Although he had a tobacco monopoly license, he did not have a permit for off-site transportation.

The man’s transportation across urban areas violated regulations first, and the Tobacco Bureau confiscated the illegally transported tobacco later. The Tobacco Bureau confiscated it in accordance with the law and there was nothing wrong with it. Based on this fact, the court rejected the man’s first-instance appeal, and the man lost the case in the first instance. The man was dissatisfied with the first-instance judgment and appealed. Finally, the second-instance court upheld the original judgment and dismissed the man's claim.

With the defeat of two lawsuits, the man’s road to defending his rights has come to an end. Through such an experience, the man also gained a good memory and understood that cigarettes must not be transported to other places in excess quantities. For us personally, if we do not have the operating qualifications, the limit of cigarettes we can carry during off-site transportation is 10,000 cigarettes (50 cartons) at one time. If it exceeds this limit, it will bring trouble and economic losses to itself.

This man was not the only one to be confiscated by the Tobacco Bureau for carrying excessive amounts of cigarettes from other places. There were people who had the same experience before; I think there will be people who will experience it again after this. When we transport and mail cigarettes, we should comply with the following two management regulations.

1. According to Article 23 of the "Tobacco Monopoly Law of the People's Republic of China", the maximum limit for carrying cigarettes in other places is 10,000 cigarettes (50 cigarettes) per person.

2. Each item of cigarettes and cigars sent by mail is limited to two cartons (400 pieces) (when the two are sent together, the limit is two cartons). Each piece of tobacco leaves and cut tobacco sent by mail is limited to five kilograms (the combined mail of the two cannot exceed ten kilograms).