The Controller of Customs has been ordered by a court to release an Egyptian fishing boat to its owner after the boat was seized when contraband cigarettes were discovered on board.

Ahmed Ibrahim Hassan Ahmed Arafa told the court that he owned the fishing boat "MFV Al Basil 1"  which was valued at €26,000. The boat was seized by the Customs Department after it put into port in Malta for urgent repairs in 2009. Over 44,000 contraband cigarettes were found on board.

But Mr Arafa explained that the boat was captained by Hemida Saleh Mohamed Hemida Elsaka and that he himself, as the boat's owner, had not been present on the boat. Nor had he been aware of the contraband cigarettes on board. In fact the police had instituted criminal proceedings against the captain and not against Mr Arafa.

In the judgment the court pointed out that it was clear that the cigarettes had not been destined for Malta as the boat had only put into Malta as it had developed a leak in its fuel tank. It was unreasonable for the boat to be retained by the Customs Department in the light of these facts.

The court therefore ordered the Controller of Customs to return the boat to Mr Arafa