republic vs edward so mollel others 2018 tzhc 2150 20 august 2018

republic vs edward so mollel others 2018 tzhc 2150 20 august 2018

Prosecution failed to prove beyond reasonable doubt that narcotic drugs were recovered from the accused's vehicle due to absence of a certificate of seizure and a broken chain of custody, creating serious doubt about the accused's connection to the offence.

Citation
republic vs edward so mollel others 2018 tzhc 2150 20 august 2018
Parties
Prosecution: Republic; Accused: Edward s/o Mollel; Accused: Muddy s/o Robert @ Japhate s/o Robert; Accused: Janeth d/o Robert Mollel @ Happy d/o Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2018
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Narcotic Drugs, Trafficking, Burden of Proof, Chain of Custody
Source Language
English

Case Brief

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Parties

Republic

Prosecution

Edward s/o Mollel

Accused

Muddy s/o Robert @ Japhate s/o Robert

Accused

Janeth d/o Robert Mollel @ Happy d/o Mollel

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused persons were found trafficking narcotic drugs (Mirungi) as charged

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that narcotic drugs were recovered from the accused's vehicle due to absence of a certificate of seizure and a broken chain of custody, creating serious doubt about the accused's connection to the offence.

Court Disposition

Acquittal

Orders

  • Accused persons found not guilty and acquitted forthwith