the director of public prosecutions 2023 tzhc 19915 7 august 2023
The vehicle was directly connected to the commission of a narcotics trafficking offence and is therefore liable for forfeiture as a tainted property under section 30(1)(a) & (6) of the Proceeds of Crime Act.
- Citation
- the director of public prosecutions 2023 tzhc 19915 7 august 2023
- Parties
- Applicant: Director of Public Prosecutions
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 August 2023
- Procedural Posture
- Criminal Forfeiture Application / Ex Parte Ruling
- Outcome
- vehicle forfeited to the government
- Legal Topics
- Proceeds of Crime, Forfeiture of Property, Narcotics Trafficking
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Procedural Posture
Criminal Forfeiture Application / Ex Parte Ruling
Legal Issues
- 1 Whether the vehicle CRV Honda KAU 446L is liable for forfeiture as an instrumentality of crime under the Proceeds of Crime Act
Ratio Decidendi
The vehicle was directly connected to the commission of a narcotics trafficking offence and is therefore liable for forfeiture as a tainted property under section 30(1)(a) & (6) of the Proceeds of Crime Act.
Court Disposition
vehicle forfeited to the government
Orders
- The CRV Honda KAU 446L is forfeited to the Government of Tanzania.
- Persons with an interest who exercised reasonable care are not affected by the order.
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