The four men had been accused of smuggling more than four million cigarettes

But Sheriff Horsburgh QC, ruled that the restrictions of a warrant - used to raid an Edinburgh harbour store room - had been violated.

Edinburgh Sheriff Court heard that the document allowed no more than eight Customs and Excise officers to search unit 7C Middle Pier at Granton Harbour.

However, a video of the raid showed up to 20 people rushing into the premises.

Ernest Shippin, prosecuting, had argued that the officers initially only detained the suspects and once they were removed, the permitted eight officers had carried out the search.

The men had been suspected of smuggling the cigarettes into the country following an on-going, undercover surveillance operation.

High Court decision

On the day of the raid, officers had seen a lorry arrive at the harbour unit and boxes of goods unloaded.

When another lorry arrived to pick up the boxes the officers made their move.

Mr Shippin argued that they did not require a warrant simply to detain the suspects.

Defence counsel said that the only power the officers had to enter the unit was through the warrant.

Edinburgh Sheriff Court

Two of the accused, Bryan Gauson and Paul Green, were detained at the harbour while the other two were held later.

The issue had actually been raised earlier in the case when Sheriff Horsburgh had ruled in favour of the Crown.

But the matter was raised again in the face of a recent High Court decision.

On April 26, appeal judges quashed the convictions against husband and wife, Manjit and Jaswinder Singh who had been found guilty at Paisley Sheriff Court of evading �167,000 VAT.

The court held that evidence led by customs officers was inadmissible because the search warrant authorised only four officers to search the Singhs' home and eight took part in the search.

After two days of legal debate outwith the presence of the jury, Sheriff Horsburgh upheld the defence submission that the evidence should not be allowed.

He said: "I have come to the view that the irregularity which occurred in this case in the execution of the warrant has been extreme.

Strain and inconvenience

"I consider myself obliged to direct the jury that the evidence of the recovery of goods from the premises in Granton was incorrectly admitted and must be disregarded by them".

Jury members were relieved of their duty regarding the case which began on 15 January.

They had originally been told that the trial, which involved three QCs and five advocates, would last an estimated six weeks.

Sheriff Horsburgh apologised to the jurors for the "anxiety, strain and inconvenience" of their service and directed they be excused jury duty for the rest of their lives.

Mr Gauson, 46, from Dunbar, Mr Ramsay, 51, from London, Mr Green, 54, from Leeds and Mr Colquhoun, 60, from Linlithgow, West Lothian, had all denied the charges.