19830820 TZHC Mbeya 1

- - - 4 - iC IN TIfl HIGH COUTIT OF TTh

LT YA •/F23]lL 1E JtJRISDICTIOi HIGH CQtYRf CRININIL :.PEAL NO.54 OF 1983 (Original Cri-nna1 Cso 10.195 )f 1983 of. the District Court of Nbeya DistrIct at Mboya.': .. Before: J.B. Mhagama, District istrate) .......OAPPELLLNT Li g inai Accused) Versus ¶II. REPUBLIC. . . . .. . •. . , . . . . . . . . . . •• . . ,,•, . . .RES)NIYENT (O±"iginai Prosextor) Clr ge 1st count, Seiiooda above the maximum prlcO c/s 20 N0.19 of B.egulatión of price :ct .1973 2nd. cowit Failing to disp1a'h raimu price of the Rguiat3.on tç rive controlle4 goods o/a'17 '(i)'&' No.W'ö Iteguiatiih bf. pri.' JQ The appellaut was char-did witb, two couxibe4I111 goods above the maximum piibe kix by the rt' Cocamission and failing to &ip1ay th ojoods she was selling. The e'id.cc wa t/83.'PC Francis (Pdi) had informtion that traders wexe hiki4g : prices. He sot out to the market. He c11od at the appe11ants place and askca for rico hG gave het k.10O1= note and she returned a change of shs40/ He ha bght 6 bowls (bakuli) at shs.lO/=' each, It was said th% *e contents of the bowl weighed less than a kilogram. appellant wis accordingly charged. Ii: her defonco denied that she sold the rice in ouest:n. That t4 pliaR had planted the ctsc againet her. She as convict f the first count and sontencod to one y. imprisonme SI was ac'.it 4 the '-c ' -. c.uit.. h ha aea1d. 9hre ws alo cvi [ieo t. .t t :. ±i.nt s .ilJ 6 bowls a

shs06O/= or ioJ och, Oil n :r C)flViotiofl cannot be upheld fr - o rosG F, i r s t here x ,as no technical ev•idene as to the rclttionshi of the bowl to the metric weightb Tho court should have verified this fact by hoving the cutents of bowl weighed and make a finding in that rc-spect or, 1tornatively get the evidence of an expert from the deprtmont f weights and measures. The eccm,4 reason is that thoprice list Was not produced in eourtQ The trial maistr;te was contented with the vorbeJ vcrsi3ns of the witnesses that, the price o rice wts shs07/20 a kilo She dId not evei-t know wiio fixed the pxice and whether he. had the authority to so fix., With the abo.b rerrks this app.cal must sucd. I quaCh the ape.lzft 9 s conviction which the Republic di4 not sock t su.1 ort 9 set aidc t'e sontQnce and order her 1rrned1atL - .----- At Mboya . JtJDGi 20/8/83 T1-