Dee Why Mart Tobacco Station: Convicted and sentenced for selling restricted nicotine ‘vapes’

A tobacconist raided by police for supplying restricted disposable ‘vapes’ and nicotine products has been convicted in a Sydney court after more than 2200 items were seized. See what sentence he received.

Police raided a Sydney tobacconist after it was seen selling restricted nicotine vapes and products to customers without a prescription from their doctors.

Officers seized more than 2200 smoking devices and tobacco products containing nicotine — worth a total of $16,000 — from the Dee Why Mart Tobacco Station on the city’s northern beaches.

Before they swooped on March 14, they had conducted a surveillance operation on the shop in Oaks Ave.

The shop’s owner, Abdul Gaznawi, 44, of Bankstown, had received a warning last year from NSW Health’s Tobacco Enforcement Unit (TEU) about selling restricted items.

On March 7, police saw a number of customers enter the shop and buy vapes, also known as e-cigarettes.

Abdul Gaznawi (left), 44, of Bankstown, with his solicitor, outside Manly Local Court on Wednesday, where he was convicted, as the owner of a tobacco shop at Dee Why, of selling restricted vapes and nicotine products. Picture: Manly Daily

Gaznawi, who also owns tobacco outlets at Newport, East Lakes and Alexandria, appeared before Manly Local Court on Wednesday where he faced a string of charges.

Documents tendered to court stated that from October 1, 2021, all nicotine vaping products, such as nicotine e-cigarettes, nicotine pods and liquid nicotine, became prescription-only medicines under the Poisons and Therapeutic Goods Act.

Customers require a prescription for all purchases of nicotine vaping products, including from tobacconists and convenience stores.

The Dee Why Mart Tobacco Station retail outlet in Oaks Ave, Dee Why where more than 2200 producnst were seized by police. Picture; Supplied

Gaznawi pleased guilty to four counts of restricted substance sold by non-wholesaler and one count of sell tobacco product in package without health warning.

The court heard that close to 100 products, including 16 packets of Ice Blast; 16 packets of Double Happiness and 22 packs of Sutra vapes were not marked with a health warning.

Police said more than 40 tins of Zyn and Velo brand nicotine pouches — which are placed in the mouth and left to dissolve — were supplied as well as 154 IGET e-cigarettes; 126 Waka vapes and 108 Insta Bar vapes.

Zyn brand nicotine pouches. Picture: Supplied

In a facts sheet tendered to court police stated that 2290 “units”, with a total value of $16,062, were seized on March 17.

Gaznawi’s solicitor court was told that while Gaznawi was the owner of the Dee Why outlet, it was run by staff who were not under his supervision, and they made decisions about what was being sold. The staff are not charged with any wrongdoing.

An Insta Bar vape. Picture: Supplied

But magistrate Robyn Denes told Gaznawi that it was his responsibility, as the business owner, for what she described as a “serious offence, especially related to nicotine vapes”.

Ms Denes said that there was a “community mood” to see the products properly policed.

“The buck stops with you,” she said.

Gaznawi was convicted on all charges and fined $1000 for selling products without the required health warnings.

He was also handed a Conditional Release Order to be of good behaviour for 12 months on the four charges for selling restricted substances.