UNCUSTOMED TOBACCO

Evening Star, Issue 21753, 22 June 1934, Page 12

UNCUSTOMED TOBACCO

THE DEPARTMENT CONCERNED FIRST CASE OF THE KIND {Pa* Uw!TW> Pbbn Ahocutmw.l CHRISTCHURCH, June 22. Concern of the Customs Department at the rapid growth of dealing in uncustomed tobacco was expressed in the Magistrate’s Court this morning, during the hearing of charges brought under the Tobacco Act. George Billon Speak (28) and Arthur Augustus Xewth (25), both labourers, pleaded guilty that, on June 12, not being licensed manufacturers of tobacco, they bad in their possession a tobacco press and cutter for the manufacture of tobacco. and were each fined £5 and costs (■3 2s). Three other charges were withdrawn by the Crown, counsel saying that the defendants were frank and were evidently in a comparatively small way. They had 601 hof manufactured tobacco in their possession, and were arrested while actually endeavouring to make a sale. They came from Nelson. and endeavours were being made to see how they obtained the leaf. “The department is aware that the business of selling uncustomed tobacco has assumed tremendous proportions, and the police have great difficulty in tracing the offenders. This is the first case of the kind beard in New Zealand. These offences are serious, and stringent provisions are made in the Act.” The_ Magistrate (Mr , Mosley); They are ridiculous in many cases. Counsel admitted that the penalties were heavy, but smuggling in all branches was considered one of the most heinous offences in the calendar. MAGISTRATE’S CRITICISM. Two provisions of the Tobacco Act came in for criticism by Mr Mosley during the hearing of the above prosecution under the Act. He characterised the clause giving power to the Go-vernor-General to remit part or the whole of any penalty as absurd, and went on to refer to the difficulties created for courts by the fixing of the minimum penalty of £25 in the case before them. “To ask His Excellency for a remission of the penalty is absurd,” said the Magistrate. “ The court hears the facts, and should be in a better position to adjudicate than anyone else. We always meet trouble and worry when minimum penalties are fixed.”