19841018 TZHC Mbeya1

17t'1 Ij I11 IttC (X;IBT OF tLUJLhI ;rj• Lr.SL AiL JW.ISDICTION (3Jm : .xasny) CflLLLL L NO. 2 OP 1984 OIGINL CRThN.L CASE NO. 86 OF 1982 OP THE DITJaCT COIJ1T OF N?ANDA DISTHICT Defore T. B. Thji, Dsq., District i'ia"iotrato. FANtThI J,JS IULIICI ....., 1rJRSUJ ¶[T} L • , . , • . • , • . • • • , . . . ., • 1.. ('. ). . r iusj. uii.0 CH: i3ejng in un1'wfill poesasin of part one poison c/ss37(1) of the Phaercitical and Poison ict llo,9/78 and S(,ct:on 72A (i) of Aci 1/1981. JUD 4TI. The appellant F TThXLJ JiJLiiS lLIl was oonviQted of thL c.fonce of being in un1aifnl posoession of part 1 poisofl contrary -'- i ctions 37 (1) and 40 (4) and 9 (b) of Act :0.9 of 1978 and he was eentnec1. to a fine of f' Shs.1,500/ r two nonths iraprisonrient in default. IIe:icC ;L.S appeal now. I see no r,it in this appeal. The apDollant adnits h.v:n been found with one bottle of periciUine injection :icdllcin which 1ia1ysed by the góvex,uent dtor at Npana as part one poiSon.. In hi 1cfenco he say s this izitex aUag.. " had no authority to justify or nrove my orncrhip. I have novnr cone to Police Station to pftco:.ny cash nalc or authority to pr ve my ownersi to justify ny possossion o ie medicine since I N. rosted to date. !Ie clatmed hoiiever to have a receimt .ior th neclici:: ihich was losued to hira by Kasjba Dispensary. I cannot c in the circumstances what elese the tl court could do but

convict th. apeilant as chard. I notice now that he has attach€4 to his iiumorandu i of i:eel i rCoi)t fi'on a disponsay1 Npanda in his nnie ehc;iin; an.i also a nrescription forn from the saie dieponsary instructilk; tht he be supliec. :yi:h 1 vial of PP for home use. But this cannot now be taken into acnu:.t because it is coning too late after the end the trial. There iTcO no rd.r of additional evidence roMe and thooc rocoipt \Tli.ch hav' in ached to the petition of appeel cannot therefore be considered. . . . . . I.