A JUDGE has accused a police force of the "abuse and manipulation" of a court in order to try to deprive a man of more than £36,000.

Lancashire police have been ordered to pay back money seized from the man in one of the first cases of its type in the country.

Detectives took £36,421 in cash from a man, believing it may have been gathered as the result of crime or for the use in crime.

The police action was taken against Burnley man Mushtaq David Anthony Ahmed in January this year under the new Proceeds of Crime Act.

In a written judgment on the landmark case a judge said the police had tried to "manipulate the process of the court for the single purpose of detaining the money."

However, Mr Ahmed has successfully fought a bid by the force to forfeit the money.

The cash must be returned and the head of the force,Chief Constable Paul Stephenson, must also pay £34,181 costs to Mr Ahmed within the next 28 days.

The case was heard by District Judge Paul Firth, first sitting at Burnley Magistrates Court and then delivering a 16-page written judgment released during proceedings at Blackpool Magistrates Court.

The judge states: "This Act came into force in December, 2002, making this seizure one of the very first under the Act. The case is, thus, of some significance to the way similar proceedings might be conducted."

The original hearing was told police removed the money on January 8 this year under the provisions of the Act which allows them to keep the money for 48 hours without going back to court.

However, the following day police went to magistrates in Burnley asking for an order allowing them to detain the cash for a further three months.

The magistrates refused the police application.

Lancashire police said today: "We are aware of the judge's ruling."