Illegal tobacco trader jailed

Najibullah Azaksai was sentenced at Wolverhampton Crown Court on 15 January, after pleading guilty to conspiracy to possess goods bearing a sign identical to a registered trademark and conspiracy to possess criminal property in July 2024.

The court heard that this case concerned Mr Azakzai, together with Sywash Mashkhaty, Sarwat Raouf, Seyed Taklimi and Zanko Fars Ismael.

The group were found be in possession of counterfeit and illicit cigarettes and tobacco products between August 2016 to December 2018 at a Dudley High Street shop premises called European Food Express.

The defendants were found to be selling and possessing counterfeit, and illicit tobacco products on multiple occasions, with boxes of cigarettes being sold for less than £3. Some of the illicit cigarettes seized in the case could not be classified as being counterfeit as they represented bogus brands that are produced and smuggled into the UK by organised crime gangs.

During multiple inspections carried out by trading standards, Azakzai was physically working in the store with counterfeit and illicit tobacco products hidden in drawers and sacks.

During one visit officers seized a CCTV hard drive, which was found in a ceiling void. When footage was examined, it showed how Azakzai and others had been involved in preparing and digging a concrete floor behind the counter to create a secret compartment. During a later search more than 7,000 illicit and counterfeit cigarettes, for which duty had not been paid, were seized from this.

During another search, officers found a secret electromagnetic operated compartment, this time behind a wall. When opened and searched, officers found and seized 399 packets of cigarettes and hand rolling tobacco. Products were also seized from the rear of the store, concealed behind ceiling tiles, including more than 13,000 cigarettes plus 39 packets of hand rolling tobacco.

In an interview under caution, Mr Azakzai told officers that European Food Express sold around £500 worth of illegal tobacco a day. During the indictment period, this would equate to over £400,000 of illegal sales from this one shop.

Mr Azakzai was sentenced to 34 months imprisonment plus a victim surcharge. The court heard how there were aggravating factors in the case and how Mr Azakzai had previous convictions for selling illegal tobacco.

Mr Sarwat Raouf was also sentenced having pleaded guilty to conspiracy to possess criminal property. Mr Raouf received 98 weeks imprisonment, suspended for 18 months, 150 hours unpaid work, victim Surcharge and £2,000.00 costs.

Mr Seyed Taklimi and Zanko Fars Ismael are both scheduled to be sentenced on 4 February at Wolverhampton Crown Court. Mr Sywash Mashkhaty is scheduled to be sentenced on 16th April 2025.

Councillor James Clinton, cabinet member for health and wellbeing, said:

“This has been an extremely long case, where the offenders would not stop selling illegal tobacco to the public despite our Trading Standards officers frequently inspecting the Dudley shop.

“I welcome the outcome of this case and am sure it serves as a reminder that we will do everything in our power to ensure the public is protected and legitimate businesses are safeguarded, taking legal proceedings wherever necessary.”