"Why can't I send the cigarettes I bought by courier? ”In Putian, Fujian, a man spent more than 50,000 yuan to buy 90 Chinese brand cigarettes, and then sent them to relatives and friends in the countryside by express mail. The man believed that his cigarettes were not for sale, and the Tobacco Bureau had no right to confiscate them, so he sued the other party in court.
In the distant countryside, the story of the three brothers of the Fan family is quietly unfolding. With the wave of new rural construction, they not only stick to their homes in the countryside, but also emerge on the commercial stage of the city, and their families are becoming more and more prosperous.
The eldest of the Fan family, watching his children walk out of the school gate one by one and step into the society, his heart was full of relief. Time flies, and in a blink of an eye, the children have reached the age of starting a family. For his daughter's wedding banquet, he started preparations early, and tobacco and alcohol were naturally indispensable. In this era of increasing affluence, he chose Chinese cigarettes, which means respect for the guests and deep blessings for his daughter.
However, such high-end cigarettes are not often available in the countryside. So, Fan Laosan pinned his hopes on Fan Laosan, who was far away. After Fan Laosan heard about this, he inquired around and finally found his favorite cigarette in a large supermarket. He bought 90 Chinese cigarettes worth more than 50,000 yuan in one go, with both soft and hard packaging.
The original plan was to bring it back to the countryside in person, but due to temporary affairs, Fan Laosan decided to send this heart home by courier. However, he never expected that this decision would cause a storm. The day after the courier was sent, he received a ** from the Tobacco Bureau.
It turned out that the cigarettes sent by Fan Laosan were intercepted by the Tobacco Bureau during a routine inspection at the express delivery outlet. All 90 cigarettes were confiscated because the number far exceeded the law. Fan Laosan was stunned, and hurriedly notified Fan Boss at home. After hearing the news, Fan Laosan rushed from the village, took the certificate of the village committee, and went to the Tobacco Bureau with Fan Laosan.
They explained what had happened to the Tobacco Bureau, hoping to get back the confiscated cigarettes. However, the Tobacco Bureau insisted that Fan's actions were illegal and issued an administrative penalty decision. In desperation, Fan Laosan chose to take the Tobacco Bureau to court.
In court, the Tobacco Bureau provided sufficient evidence to prove that Fan Laosan's actions did indeed violate the Tobacco Monopoly Law. They point out that while the law does not prohibit the mailing of cigarettes by courier, the number is limited to two. The 90 cigarettes mailed by Fan Laosan clearly exceeded this limit. In addition, since the value of the cigarettes exceeded 50,000 yuan, the circumstances were serious, so the confiscation was in accordance with the law.
Fan Laosan insisted that his actions were not malicious, and he provided evidence such as supermarket invoices, village committee certificates, and information about his and Fan's business inquiries to support his claim. He believed that he had purchased cigarettes for his own use and not for sale, and that he had not engaged in any illegal business activities. As a result, he asked the court to revisit the Tobacco Bureau's penalty.
However, the court ultimately held that the facts of the administrative penalty imposed by the Tobacco Bureau were clear and the evidence was sufficient, and rejected Fan's claim. This result made the Fan brothers feel helpless, but they also understood the seriousness of the law. They are aware of the need for strict compliance with legal requirements and permits in the production, sale and transportation of tobacco monopolies.
Although this dispute caused by the smoke is over, the lesson left for the Fan brothers is profound. They understand that on the road to a happy life, it is not only necessary to work hard, but also to abide by the laws and regulations at all times, so as not to pay a heavy price for a moment of negligence.