19710312 TZHC Arusha

L1 1i[c 'S • - IN 11 HIGU COURT OF TANZANIA • _______ Man 01 DIO ZZ 1 1 MISR CCUflT CRIfLNM AP?ZAL 110.23 OP 19?l OPIGINAL CRXIINAL CASX NO, 233 07 1970 Of WE DI$XCT cOURT OP PJBZ MSICT AT 8A DJE*E C. U. *34MTI Uqop Amostrat,o l, Class D.M.listz'at•, OI7ACZ 8/0 03!ABD ......,..................Appel1ant (ori&n11 AccuSed) 1112 A1BLIC (Original Pra.cutcr) (tAUIs Section end i.e Unla'ul possession of *shi a/a 30 of the *shi (Manufacture and Distillation) Act 62/6 1LD L$N Braabl e • J. Me 013.t is ccnvioted fr being in tn1awtul pouessisi of Koald c/s 30 of the JbBhj (Manufacture and rnstivation) Act and sentenced to 15 *mths irisit. The case for the z'espondwrt depii6M on two oiv(1n witneases zo said that the' found a tin contdn4iig * p2lon of moabi at the appellants hcu,.; that thLW waro vaperimeed in such cues and knew that the siill of liQuid was that of wosbi. The appellant "U that pbe was planted on his and he knew nothing about the drink. The facts are similar to those in Criminal Appul No. 329 of 3.070 MUtnatins 3ws from the some court and there I held that is' The teat for moahl according to the dsnition Is that it containe iia'e than one per cuitta by weight of absolute alcohol.. The best ev$4nc. La that obtained %r chemical analysis. tile I concede that this is not the only evidence poasible wW other evidaws will have to be v=7 persuesivo to be accepted. In this case the witneasse said. that the' one experienced in moshi cases. The queati*i of experience is for the court to tIM on the evidence adduced. There is no evidmce as to the nsti.ne and PI.sld of .xp.rienoa fron eiiich the court could make a finding of fast. I do not consider it accep. table for a witness to cavallerly ac 01 = an expert" and for the coz't to so find. 1wther, if a witness relies on U for his identification he enat state the nat.', of the smell and the reasons VtV he same to the perticuls2' ooneludon. I hold that the evidence did not establish bcnd reasonable doubt that the 1Lijaid in the tin was 006M. The ergas.its quoted above apply with the amao force to this cu. and I allow the app*al, çaash. the conviction ad sentence and order that the appellant be ima.aistSly released wilasa otherwise laefull detained. Dlivered in court at Az'ushs the 15th dr W of Msxoh, 1971. Co I. 3rsthle JUDGE - --•-•- -• • •-. -•--•- - -- -•.----•- -•• -,. •- -- -