Alcohol limit 'breaches' human rights

Mr Mudie had 6,000 cigarettes in his car

A Suffolk businessman is claiming his human rights have been breached after he was stopped from bringing in tobacco and alcohol from France.

Adrian Mudie is taking HM Customs and Excise to court after his car and load were siezed at Dover port as he returned from France last month.

Officers found nearly 6,000 cigarettes, 20 kilograms of rolling tobacco and 38 bottles of spirits in his vehicle.

European Commission guidelines, introduced after duty fees were scrapped, set limits of 800 cigarettes, one kg of tobacco and 10 litres of spirits for each traveller.

Guidelines are set down which are used throughout Europe. For anyone bringing in more than that the onus is on them to show it is for their own consumption

HM Customs and Excise spokesman

Mr Mudie was accused of smuggling and had to make his own way home near Bury St Edmonds.

Mr Mudie has appealed against the Customs and Excise seizure and the case is due to be heard next month at Dover magistrates court.

His solicitor Anthony Arbuthnot said: "The magistrates could order the return of his goods but that is not the point - there are much bigger issues at stake.

"This a classic example of the enormous effect of European Law. We are going to allege that it breaches the Human Rights Act."

A spokesman for Customs and Excise said: "Guidelines are set down which are used throughout Europe. For anyone bringing in more than that the onus is on them to show it is for their own consumption.

"For example we may ask for proof that someone is holding a birthday party or wedding reception. But the honest traveller has nothing to fear."