ndossi vs republic 1998 tzhc 5 30 march 1998

;','','" ., I I. ~.",: " i • The appellant, Abasi Ismail Athumani Ndo6i @ Cha:~mchapu, who was the second accused at the trial, was jointly charged with another with the offence of unlawful possession of a drug called Ativan contrary to sections 9(1) ~~d 23(2) of the Dangerous Drugs Or~inance as read toge ther \Vith Paragraph 8 of the first Schedule to, and section 59 or, the Bconomic:Jlcl Organized. Crime Control Act No.13 of 1984. After a full trial, the appe:lL:,nt I s co-accused was acquitted but the appellant was con'Jii~t8d as::nd sentenced TIle prosecution1s Gvidence was that on 18th November~ 1994, No. C.440 J~/Sgt Danford (P.Wo1) went to a place called Sunset Villa Bar at Morogorc. P.\v.1 went there after receivi.:::j LJformation that suspected criminals were at that place. It ,'J'?E then at 12.30 p.m. On arrival there, he found the 2L[)[JelJ_ant cJ.lld:Lis co-accused. On seeing him, the appellant and hiL" colleac:,ouetri2d to run away, but P.W.1, who was accomp~d by othr~r 201ice Cfficers, ma'1aged to arrest the appellant and his ~lleague. l.t tile time of his arrest, the appellant was found in possession of, ,~llongother things, four tins of soda - two of mirinda •.....- and two of fanta. ----- P.W.1 observed that the two mirinda tins had some small holes which were covered \'1ith glue. Thi::::made P.iJI.1 suspect that fiOmE":::hing had ,Jeen injected into those Ihrinda tins. The two tins \,;ere then ;sent 1:;0 the Government Chemist. In his He90rt, the Government Chemist .stated th,,:,t the two tins had their contents mi::,~d0Ji tll a dmgert)us dTUG cc,lled :Lorazepam In his defence, the appellant ad"l:itteel that he wee found in possession of the drug. He::-:.dded,however, that tLc drug was prescribed for him by a doctor at Kinondoni Hospital j aYJ.d he IJro(1uceda prescri- An examination of ,~xhibit D.1 shows that the prescription was given to the appellant on c:7th tiarch1 1994, w'1dwas a close for three days. There is no prescription for anotr12r dosectbcJreafter. That being the position, and as correctly submitted by ilisf3 Otaru, learned state attorney, the possession of the drug the ::ellant some nine months later without the relevant prescription amouncell to illegal possession of the drug. '1'he appell&'1t's c;uilt, tL",r-doTe, WEtS established beyone, ree,.son::'.oledou~t 0 vJith reg'Td co L18 Gentenc~, th~ learned tristl s8C1ior resident magistrate gave good ree.sons for paE:;;ing the sentence ::cad, if anything, the sentence erred on the side c:4 lenienc:y. For the foregoing reasons, ~a appe.s.l fail:::: 'lL" :30 is hereby dismissed in its entirety. I ,f '0 I \ ' J. . l/ Tf '~C·"I·,).-·rTL1 L.l. J.J., ..l,.1, l.~ ..l....:.'1. JVDGE Judgment delivered in Court this 30th dctY of 101DTch, 1998 in the absence of the partieso JUD~ 3Q!3/1298