haji daudi mlolwa 2 others vs republic 2022 tzhc 241 31 january 2022

haji daudi mlolwa 2 others vs republic 2022 tzhc 241 31 january 2022

Possession of narcotics is included in the statutory definition of trafficking under section 2 of the Drugs Control and Enforcement Act. Section 29(1)(b) prohibits bail for offences involving trafficking (including possession) of cannabis weighing 20 kilograms or more. Since the applicants were found with 62.53 kilograms, the offence is unbailable and the court lacks jurisdiction to grant bail.

Citation
haji daudi mlolwa 2 others vs republic 2022 tzhc 241 31 january 2022
Parties
Applicant: Haji Daudi Mlolwa; Applicant: Isaka Mataja Esore; Applicant: Michael Constantine Ikuza; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Drug Offences, Statutory Interpretation
Source Language
English
Criminal Law Bail Drug Offences Statutory Interpretation

Case Brief

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Parties

Haji Daudi Mlolwa

Applicant

Isaka Mataja Esore

Applicant

Michael Constantine Ikuza

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail under the Drugs Control and Enforcement Act given the weight of the prohibited substance
  2. 2 Whether possession constitutes trafficking under the relevant statute

Ratio Decidendi

Possession of narcotics is included in the statutory definition of trafficking under section 2 of the Drugs Control and Enforcement Act. Section 29(1)(b) prohibits bail for offences involving trafficking (including possession) of cannabis weighing 20 kilograms or more. Since the applicants were found with 62.53 kilograms, the offence is unbailable and the court lacks jurisdiction to grant bail.

Court Disposition

application dismissed

Orders

  • application for bail is dismissed