20081008 TZHC Dar es Salaam

The High Court is prohibited by section 27(1) of the Drugs and Prevention of Illicit Traffic in Drugs Act from granting bail for offences involving trafficking in drugs with a certified value exceeding ten million shillings; the applicant's constitutional rights are not infringed by lawful detention pending trial for such offences.

Citation: 20081008 TZHC Dar es Salaam
Parties: Applicant: Alhaji Shaban Mintanga Kondo; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 October 2008
Procedural Posture: Miscellaneous Criminal Application / Ruling on Bail Pending Trial
Outcome: Application dismissed
Legal Topics: Bail, Drug Offences, Presumption of Innocence, Jurisdiction
Source Language: English

Criminal Law Constitutional Law Bail Drug Offences Presumption of Innocence Jurisdiction

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Parties

Alhaji Shaban Mintanga Kondo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Pending Trial

Legal Issues

1 Whether the applicant is entitled to bail pending trial for offences under the Drugs and Prevention of Illicit Traffic in Drugs Act
2 Whether the right to bail is absolute under the Constitution of Tanzania
3 Whether the High Court has jurisdiction to grant bail in this case

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Applicant to be remanded in custody until trial and final determination of the case