19861210 TZHC Dar es Salaam

IN THE HIGH COURT OF TM,1ZANIA

AT DAR ES SALAAM ECONOMIC CRIMES JURipDJCTION (DAR ES ,SALAAM REGISTRY·)· ECONOMIC CRIMES, CAS& ~ , \If OP ~6 7he Repu1'1 le versus . SAID NASORO ABDALLAH~••••••••••••••• ACCUSED

RULING The applicant has been charged in the ~&t,iet for an economic offence,:\to wit, unlawful exportation of goods f!./s 23(1• and paragraph 1 of Part 11 5th schedule of the EX~hange 'i"trol ordt~e. cap 294 and paragraph ·1 of the 1st schedule and secti°" ~~i~l ot tne ··: 4: Economic and organised crime Co!"ltrol Act No 3 tl ot 1984. He is .. - applying for bail under.,the provision of sewtio,, 2~ 4) o~ the said In his earlie, ~ubmission Mr. rsmail learned advo~ate for the applicant has st.ated that the applicant has; r,ot breached any condition contained in paragraph 35(), of the Act• Wi;h respect to learned advocate the proviston of sectio" J~3l become~ rel~vant only when the application for bail is made to the EConom1e crimes court as constituted by section 4 of the ~~~• ?he High -court derives i·i:s power to hear ba1l applieatio!"ls undQ the Cr!.mi"'a• Procedure Act as provided for unde~ ~t1on 28 of Al; l1f4• 'l'b~ :-ele~~ provision, akin to section ~•~ o! the Act f1To.1l'1W-• a~ -conta!~d in section 148(5) of the criinfflaL J?~ure Act,. !'. thf!'\k the t e ~ advocate was having in mind the pr""1sion of .sectiOI' 148(~) ot the criminal Procedure ~ct. He furthe~.~tated that the appl,icant has •w;~endered.himself to the police and that ±he..ipplicant has been ~ttted to hospital• -r / r ·_r_-:,: I•- .p:,·: ( ··:i c.. 1 . ,. ' :t 2 r-i:_':o The affidavit haa ~ontained a

reportL,c't,nsuJt,a,it p~ys1c1an to show that he is suffer_ing from acute _pains arid tha~ he !s · also, suspect~d to suffer from ·diabetic mellitu•• Mr. Werema lear"l"ed state attorney !;ho~, ·not obJ~t:ing: to bail has drawn the attention of this CO'frt to the Sef~_ou9nes~ _of the alleged crime and the circumstances sur.-rounding .. 4,p ,,. , exp9f4:atiot\ and final ~ discoYery of the elephant tuske in Antwe,fJ He stated ~hat although thG applicant went to the police st;ation hf.mee1f.,, ~he polic~ took time to trace him. He is praying the cou~ to tmpo~e etfingen~~ondi~ion when ·granting bail. As rightly submitted by Mr. !•mai. the applicant. hai, no.t breached any of the condition contained in seetio, 148(5) of t~e Criminal Procedure Act~ I also· agree with the lea,ened state attorney .that this case calls for serious co~sideratiof ~o the national ~onomy·of the cou~try. There is no allegation that appl,an~ will interfere with investigation. What does appear to me to be the coriee»n ,, t,: ~t the Republic is whether applicant will al;)peaL" to stand hls tria!I. and for this they are asking. for condit.i.on wh.i.ch will ensure the attendance of the applicant in court. Taklng the· circumst~~ of this case that: fear is not unfounded. I have given tbie ~rious ~o~sideration the submission by both counsel and in the result I g~~ the applicant ba!l on the follow~,g ter~s and

conditio"sf- (a) The applieant to execute bond iM the sum of sh,s,000,000/= (b) The app,iicant to surrel"lde.l' travel dOCtUlle!"lSJ..-·Ulany, to the poli\e .1,,;e~ Har:t,ours police, (c) The applt~ant 1s not to leave the etty of n•Salaam without 'priol;fe~e of the court. during the pel"lding of the ca~e. ( d) . The tplieant is to report to the Po,t Poiiee dailyj (e) ' The ~~Piieant is to prodO<;e ;hree JU+eties ·each to i,cecute a bond 1, the sum of shs.S,'?9h~ fhe ~reties must have kno~J 1,rnovable properi;ie~ e\ro ~r~hoJD Jhould deposit with the cou'9iiltI,e deeds in respe~t of thei~ said prope~ties• The suret\J• ~aY,Q to be approved by the court~ • • 0 jr (f) The appl iean\ is to report a1P Ki.su--eu D ; f . 3 ~ Court on 30~--84.at,d ~her~afte! .~- a,,y othef date whi~h may be fixed b:(~e said distrlc::t c·ou, .. E.E. KAZINOTO

JUDGE j Mr~ Ismail. MY lord I wish to make a small submission. The app],).cant is still hospitalized and I pray that that cond5tion be suspended until his recovery. on the position. -- Court:- condition (d) is SU$pended for the time the applicant is ,'( ·'-. admitted in hospital and shall take effect on the c~y of his discharge. E. E ., KAZ IMOTO

JUDGE Mr. Ismail:- I have sureties outside~ Cour.:s.. EX0mination of sureties; 1. Rashid MU~eme Rashid, lives Targa, Makoro.i;-c.: ,.i G9:tundu No house No. plot Noo 3 Block F Makorora Tang_a. 2 •.· suleiman Hassan Murr. The title is in my ~ifet-~'!H\me Plot No .. 3 Block iJ8 Ngamiani. area Tanga ltreet No.1.

3. Mohamed Ashraf, owr,er of Auto Tech. Motors, Plot No,533 Bungoni Block EX DAY Ilala Dar es Salaam. :-~r Mr. Werema: I have no quarrel with :first and thlrd sureti~.s,. Th'F title· in respect of second surety is not in his namet,, on the face o~ :r.t. the title is in duplicate and we. ai;e not told why 1.t is·· in duplicat~cc. ~~ Because of this problem I pray that the cou.r.t shoulµ n~ consia~jf the . ,;. second surety as suitable. . Mr. Ismail:- Mariam Natoo is wife of the surety. 7his is the counterpart. The original is lost. rt is ~ot a duplicate. ·we hcve other sureties but their titles are with THB!" vie made efforts. to g-~t ~ureties from Tanga. Not a duplicateo Order_:• The sureties above are admitted and c1p,-rot.ed, -=iii, ;dJr~TO

DAR ES SALAAM 10th December• 1986