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16-Oct-19

START DATE

END DATE

14-Nov-19

Infinity Hemp Bermuda Ltd. v HM Customs et al

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

Criminal Law

Hon. Chief Justice Narinder K. Hargun

Mrs. Simone Smith-Bean (Smith Bean & Co)

Mrs. Shakira Dill-Francois (Deputy Solicitor General)

FACTS OF THE CASE:

Infinity Hemp Bermuda Ltd. challenged the seizure of hemp products by HM Customs and the Bermuda Police Service, arguing that their importation was lawful and did not violate the Misuse of Drugs Act 1972. The company sought judicial review and requested the return of seized products and a refund of customs duties. The Police argued that some of the seized hemp products contained 11% THC, exceeding the legal limit. The court ruled that the police had reasonable grounds to retain the products as evidence pending investigation.

SUMMARY:

Whether HM Customs and the Bermuda Police Service acted lawfully in seizing imported hemp products containing THC, and whether the Plaintiff was entitled to their return and a refund of customs duties

OUTCOMES:

Claim Dismissed

RULED IN FAVOUR OF:

HM Customs & Bermuda Police Service

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Infinity Hemp Bermuda Ltd. v HM Customs et al

Infinity Hemp Bermuda Ltd. challenged the seizure of hemp products by HM Customs and the Bermuda Police Service, arguing that their importation was lawful and did not violate the Misuse of Drugs Act 1972. The company sought judicial review and requested the return of seized products and a refund of customs duties. The Police argued that some of the seized hemp products contained 11% THC, exceeding the legal limit. The court ruled that the police had reasonable grounds to retain the products as evidence pending investigation.

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