juma adam alasiri vs republic 2020 tzhc 3254 30 september 2020

juma adam alasiri vs republic 2020 tzhc 3254 30 september 2020

The applicant is charged with trafficking in narcotic drugs, which is not bailable under section 148(5)(a)(ii) of the Criminal Procedure Act. The exception for bail based on the value of drugs under section 148(5)(a)(iii) applies only to possession, not trafficking. Therefore, the application for bail is without merit and must be dismissed.

Citation
juma adam alasiri vs republic 2020 tzhc 3254 30 september 2020
Parties
Applicant: Juma Adam Alasiri; Respondent: The Republic (DPP)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2020
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial
Outcome
Application dismissed
Legal Topics
Bail, Narcotic Drugs, Illicit Trafficking, Criminal Procedure
Source Language
English
Criminal Law Bail Narcotic Drugs Illicit Trafficking Criminal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Juma Adam Alasiri

Applicant

The Republic (DPP)

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant charged with trafficking in narcotic drugs is eligible for bail under the Criminal Procedure Act

Ratio Decidendi

The applicant is charged with trafficking in narcotic drugs, which is not bailable under section 148(5)(a)(ii) of the Criminal Procedure Act. The exception for bail based on the value of drugs under section 148(5)(a)(iii) applies only to possession, not trafficking. Therefore, the application for bail is without merit and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application for bail is dismissed