19930209 TZHC Dar es Salaam

19930209 TZHC Dar es Salaam

The prosecution failed to establish the basic ingredients of the offences charged. There was no evidence that the accused made the payments or were involved in compensation deals or possession of suspected stolen property. The accused persons cannot be called upon to defend themselves, and are acquitted at this stage.

Citation
19930209 TZHC Dar es Salaam
Parties
Prosecution: Republic; First Accused: Gulamatidas Fazal; Second Accused: Hatimu Mulla Adamjee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 1993
Procedural Posture
Economic Crime / Ruling on No Case to Answer
Outcome
Acquittal
Legal Topics
Exchange Control, Compensation Deal, Possession of Suspected Stolen Property
Source Language
English
Criminal Law Economic Crime Exchange Control Compensation Deal Possession of Suspected Stolen Property

Case Brief

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Parties

Republic

Prosecution

Gulamatidas Fazal

First Accused

Hatimu Mulla Adamjee

Second Accused

Procedural Posture

Economic Crime / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether accused made payments to the credit of a person resident in scheduled territory by order of a person resident outside scheduled territory without Bank of Tanzania permission
  2. 2 Whether accused engaged in a compensation deal contrary to Exchange Control Ordinance
  3. 3 Whether second accused was in possession of property reasonably suspected of being stolen or unlawfully acquired

Ratio Decidendi

The prosecution failed to establish the basic ingredients of the offences charged. There was no evidence that the accused made the payments or were involved in compensation deals or possession of suspected stolen property. The accused persons cannot be called upon to defend themselves, and are acquitted at this stage.

Court Disposition

Acquittal

Orders

  • Both accused persons acquitted at this stage for lack of evidence