IAN Fitton, 58, of Lilac Avenue, Leigh has been jailed for 120 days for illegally keeping and selling cigarettes.

Fitton pleaded guilty when he appeared before Wigan Magistrates where he was also found guilty of obstruction of a Customs officer.

The charges arose after Customs officers had been to Mr Fitton's house and seized 2,860 cigarettes. He admitted buying and selling illicit cigarettes and using his car to transport them.

Because Mr Fitton admitted using his car, Customs law allows officers to seize the car as well as the cigarettes. However, at the time of his arrest on July 5, 2001, Mr Fitton claimed the car was away being repaired. He was told that the car was detained in his charge, that it must not be disposed of in any way and that it was liable to forfeiture.

The car has never been surrendered to Customs despite numerous attempts to recover it.

"This is an unusual case, and one of the first of its kind in the North West," said Matthew King for Customs.

"One of the reasons we have pursued this case is that it is not the first time Mr Fitton has had cigarettes and indeed a car seized by us. In November 2000 officers seized 16,970 cigarettes, 4.5 kilos of hand rolling tobacco (HRT), 1000 cigars and 97.3 litres of spirits.

Then Mr Fitton was warned that dealing in duty unpaid goods was illegal. In May 2001, Greater Manchester Police took 5588 cigarettes, 6.8 kilos of HRT and 130 cigars when they visited Mr Fitton. Two days later Customs officers seized a further 1100 cigarettes and his motor vehicle."

At sentencing the magistrates said they gave Mr Fitton a custodial sentence because he had been warned twice before and because the crime had significance for society as a whole.