19790508 TZHC Tanga

IN THE HIGH COURT OF TANZANIA AT TANGA (District Registry) APPELLATE JURISDICTION TDR CRIMINAL APPEAL NO. 22 OF 1979 (original Criminal Case No0 117 of 1978 of the District Court of Tanga District at Tanga) - BEFORE: W.N.B. KAPAYA, ESQ., Resident Magistrate JUMA MBWANA OMARI : : : : : : : : : : : : : : : :APPELLANT (Original. Accused) versus .. TWE REPUBLIC : : : : : : : : : : : : :RESPONDENT (Original Prosetor) CHARGES. : (1) Receiving stolen property .- contrar'y to section 311 of Penal Code; and . . .. (2) Being in possession of Part I Poisons- contrary to section 25(1) and (2) of the Pharmacy and Poisons Ordinance. ORDER OF SUMMARY REJECTION f NYALALI, C.J. - The prisoner in this case intends to appeal to this Court against his conviction and sentence by the District Court of .Tanga District for the offence of receiving stOlenproperty -: contrary to section 311 of the Penal Code in the first count and being in possession of Part One Poisos - contrary to section 25(1) (2) of the. Pharmacy and Poisons Ordinance in the second count. There are no merits-. in the intended appeal. . . . . . . .;.-.- I havecarefully examined the evidence adduced at the tial. in the District Court, the judgment ofthe trial court.and the menorandum of appeal submitted by the appellant to this Court, and it is apparent that ample evidence was adduced by the prosecution in support of the offences which the appellant was convicted of. The appellant was in possession of two-hundred bottles of Procaine Periecillin Fortified while going out of Bontho Hospital. The appellant's defence that he was given the medicine by two * hospital attendants, that is, D,W.1 and DOW.2 was not supported. by. )ose defence witnesses who denied ever givin him any of the medicine. Furthermore, the appellant, when intercepted by a member of the People's Militia who was on duty in the hospital compound, attempted to escape by runnin away but was overtaken and apprehended by the member of the People's Militia. . . Since the appellant's possession of drugs was unauthorised, and since there was evidence that the drugs belonged to Part I of the Poisons' List, the convictions were inevitable. The effective sentence of three years' imprisonment imposed for the offence of receiving stolen property is the minimum prescribed under.the Minimum Sentences Act, ;1972, since the property 5was Goverrinent propezty. . For these reasons,I am of the considered opinion that this is a. fit case for a summary rejection, and I hereby-now, summarily reject it .unde- section 317 of t h e Criminal Procedure Code. TANGA, ( F. L. NYALALI 4 8th M3y 3 1979. CHIEF JUSTICE 5'