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Ali v Best
Queen's Bench Division
23 May 1995

Case Analysis

Where Reported (1997) 161 J.P. 393; [1996] C.O.D. 28; (1997) 161 J.P.N.
676;

Case Digest Subject: Civil evidence

Keywords: Admissibility; Convictions; Drug trafficking;
Forfeiture
A was searched by Customs and a parcel containing bank
notes was found in his possession. A had previously been
convicted of possession of a controlled drug and sentenced
to four years' imprisonment. It was found that the previous
conviction was admissible in evidence and that, on the
balance of probabilities, the money was intended for use in
drug trafficking. An order for forfeiture was made under the
Criminal Justice (International Cooperation) Act 1990 s.26.
A appealed.
Held, dismissing the appeal, that (1) the previous offence
was on a smaller scale than what was envisaged in the
present case, but the previous offence was still a
commercial supply and it was admissible and (2) A had
refused to give an explanation as to his intended use of the
money. Since this was a civil case that matter could be
relied upon against A and there was sufficient evidence of a
cogent nature to conclude that the money was intended for
use in drug trafficking.
Judge: McCowan LJ; Forbes J
Counsel: For A: G Kayat Q.C. and W McCormick. . For B: A
Bird.
Solicitor: For A: Raymond Saul & Co. . For B: HM Customs
& Excise.

All Cases Citing Mentioned by

Revenue and Customs Commissioners v Pisciotto
[2009] EWHC 1991 (Admin); Official Transcript; QBD
(Admin); 14 July 2009
Mentioned by
Butt v Customs and Excise Commissioners
[2001] EWHC Admin 1066; (2002) 166 J.P. 173; (2002)
 Page2

166 J.P.N. 270; Official Transcript; QBD (Admin); 12

December 2001

Significant Criminal Justice (International Co-operation) Act 1990 (c.5)

Legislation Cited s.26

Legislation Cited Criminal Justice (International Co-operation) Act 1990 (c.5)

s.26

Books Confiscation and Civil Recovery 1st Ed.

Chapter: Chapter 21 - Forfeiture of Cash in Summary
Proceedings
Documents: The Codes of Practice

Mitchell, Taylor and Talbot on Confiscation and the

Proceeds of Crime
Chapter: Chapter 10 - Forfeiture, Restitution and
Compensation Orders and Forfeiture of Drug Trafficking
Cash
Documents: 10.039

Mitchell, Taylor and Talbot on Confiscation and the

Proceeds of Crime
Chapter: - Index to Case Digests (Alphabetical)
Documents: CD.000

Mitchell, Taylor and Talbot on Confiscation and the

Proceeds of Crime
Chapter: Chapter X - Recovery of Cash In Summary
Proceedings
Documents: X.012

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