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
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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