19891004 TZHC Dar es Salaam

19891004 TZHC Dar es Salaam

The court found that the evidence would have been sufficient to disclose the offences charged and, since the suspect absconded, ordered forfeiture of the seized gold to the Republic under the relevant statutory provisions.

Citation
19891004 TZHC Dar es Salaam
Parties
Prosecution: Republic; Suspect: Chandrakant C. Jessen
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 1989
Procedural Posture
Criminal Forfeiture / Ruling on Forfeiture
Outcome
forfeiture ordered
Legal Topics
Forfeiture of Property, Exchange Control, Absconding Accused
Source Language
English
Criminal Law Economic Crimes Forfeiture of Property Exchange Control Absconding Accused

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Parties

Republic

Prosecution

Chandrakant C. Jessen

Suspect

Procedural Posture

Criminal Forfeiture / Ruling on Forfeiture

Legal Issues

  1. 1 Whether the evidence is sufficient to disclose the offence of failure to offer gold for sale to an authorised dealer under the Exchange Control Ordinance and Economic and Organised Crime Control Act
  2. 2 Whether the alternative offence of failure of bailee to notify the Treasury of possession of gold is disclosed
  3. 3 Whether forfeiture of seized gold is warranted under the law

Ratio Decidendi

The court found that the evidence would have been sufficient to disclose the offences charged and, since the suspect absconded, ordered forfeiture of the seized gold to the Republic under the relevant statutory provisions.

Court Disposition

forfeiture ordered

Orders

  • Fifteen (15) pieces of gold seized under the Economic and Organised Crime Control Act are forfeited to the Republic.