An Indian-origin man has been sentenced to 14 months in prison after fraudulently trying to evade the prohibition on the importation of cannabis into the UK, the British police have said.
Darshan Patel, 38, who is from Swindon in south-west England was sentenced to 14 months' imprisonment, suspended for two years - which means he must serve that time behind bars if he breaks the strict conditions on his behaviour for that period. Wiltshire Police, which investigated the case, said the recent court ruling is a warning to others who deal with banned or prohibited substances.
"Patel was caught trying to exploit the current legislation, essentially by using the law which governs the cultivation of hemp and applying it to the selling of cannabis products," said Chris Hemns, a police constable with Wiltshire Police.
"Under the Misuse of Drugs Act 1971, it's illegal to sell the leaves and flowers from a cannabis plant even when the THC level is below 0.2 per cent. Despite trying to get around the system, we have caught up with him and this case is a reminder that selling controlled drugs, in whatever form, is harmful and we will always pursue it to the full extent of the law," he said.
In October 2020, Wiltshire Police were contacted by the UK Border Agency who had intercepted several packets of a green herbal substance which tested positive for THC - tetrahydrocannabinol, the major psychoactive component in cannabis - addressed to Patel and his company RED EYEZ.
Products listed on the company's website for sale included hash and leaf tea, advertised as hemp or CBD - alongside false claims these were legal to sell due to the low THC content of below 0.2 per cent. A warrant was obtained by the police and in January 2021, Patel's home address was raided and he was arrested.
Numerous items were seized including several phones, a quantity of herbal cannabis and cannabis resin, digital scales, cash and banking paperwork. An investigation was carried out and forensic tests indicated that all exhibits were positive as cannabis, Wiltshire Police said.
Although they had much lower levels of THC, the police said this did not impact on the classification of the cannabis and cannabis resin as a Class B controlled substance under the UK's Misuse of Drugs Act 1971.
On February 23 at Swindon Crown Court, Darshan Patel was sentenced on one count of possession of cannabis with intent to supply and three counts of being knowingly concerned in the fraudulent evasion of the prohibition on importation in relation to the Class B drug herbal cannabis.
The police said they are now instigating proceeds of crime proceedings in relation to the monetary benefit Darshan Patel has made from the illegal sale of cannabis.
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