Nazir Haddara was arrested at Melbourne Airport on Tuesday and charged with four offences, including directing the activities of a criminal organisation and knowingly possessing unlawful imported tobacco.
The 25-year-old faced Melbourne Magistrates Court on Thursday morning where Magistrate Michelle Hodgson granted his application for bail.
She also released his co-accused Hassan Jassem, 21.
Ms Hodgson found the risk posed by the pair to the safety of the community could be reduced through a series of bail conditions, including sureties, curfews and a condition not to attend stores selling illicit tobacco.
"I am satisfied the conditions could be put in place that would mitigate the risk to an acceptable level," she said.
Detective Senior Constable Jessica Keenan told the court on Wednesday that Haddara was the head of a syndicate that has been leasing out Victorian retail stores to sell and distribute illegal tobacco and vapes.
Police have seized more than one million illicit tobacco sticks, 50 kilograms of loose leaf tobacco and 10,440 e-cigarettes since their investigations into the syndicate started in January, the detective said.
It's estimated the loss of revenue to the Commonwealth is more than $2.5 million.
Haddara allegedly directed lower-ranked members through encrypted messaging apps like Signal and held bank accounts that received credit from the stores, the detective said.
The 25-year-old has received $4 million into his bank accounts since March 2022 despite being unemployed and not lodging a tax return in three years, Det Sen Const Keenan said.
Det Sen Const Keenan claimed Haddara was an unacceptable risk if released on bail, both for the safety of the community and as a flight risk.
She also alleged Jassem was an unacceptable risk to the community.
But the magistrate disagreed, finding bail conditions could ameliorate any concerns and Haddara's flight risk had been "neutralised" after it was revealed he had a return flight booked from Dubai.
Bail conditions include a $150,000 surety for Haddara and a $100,000 surety for Jassem, a curfew, and a requirement for both not to attend a store or business that sells illicit tobacco, vapes or tobacco products.
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