19951018 TZHC Dar es Salaam
The offence charged is not bailable due to statutory prohibition; the court has no discretion to grant bail for offences under the Dangerous Drugs Ordinance as economic crimes.
Source-derived case information.
- Citation
- 19951018 TZHC Dar es Salaam
- Parties
- Applicant: Omary Khalilu Mohamed; Respondent: The Director of Public Prosecutions
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 October 1995
- Procedural Posture
- Bail Application / Ruling
- Outcome
- Application dismissed
- Legal Topics
- Bail, Dangerous Drugs, Economic Crimes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omary Khalilu Mohamed
Applicant
The Director of Public Prosecutions
Respondent
Procedural Posture
Bail Application / Ruling
Legal Issues
- 1 Whether the offence charged is bailable under the Economic and Organized Crime Control Act 1984 as amended
Ratio Decidendi
The offence charged is not bailable due to statutory prohibition; the court has no discretion to grant bail for offences under the Dangerous Drugs Ordinance as economic crimes.
Court Disposition
Application dismissed
Orders
- Bail refused
Full Case Text
Judgment text and source record
1 paragraphs
MISC! EC·JJONIC .i°J'PLICATION NO. 9 OF 1995 .OMARY KHALI:U 1'-10Li,•.ED •••••• , • • • • • • • LJ: lLICANT versus THE DIRECTOR O? PUBLIC F~~OSECUTIONS. o RESPONDENT .JZULING MAINA, J, . ~ . ,,~ .!\~ "'\:,, -:-7 . This is an application for bail. The Applicant is rharsed .. in the district court with'being in possession of dangerous drugs contrary to sections 7 and 23 (2) of the Dangerous Dr~ff Ordinance, Cap 95 of the 1.1.evised Laws.. T11e offence is an e<"onomic crime under ·_paracrap:i 20 of tl-.:.e :: irst Schedule to thf · E,onomic and Orgar..ized Crirue Con~rol Act 1984, as amended by "!./·'" . : ., ·~· · .,:., ; Ar.t No, 13 of 1988. Mr. Mkongwa, lJa:.rned counsel for the Applicant, said that! the court has discretion to grant bail, becr:.use, on his opiniQ~_i:. the offence is baila~~E. He we~t on to state that another person had been charged Jointly with the.~~plicant at the ••' . ._;. district court at Kisutu, for t.b.e same o:.:·fence, and bail _wae _. . granted. Later, the bai:i.. grantEd to the Applicant was l"an•-~l~edl • ~nd the Applicant was ch~rged· alone and refused bail. I agree with the learned State Attorney, Miss Munisi, that the offence is not bailable. The Economic and Organiaed Cr~me Control Act 1984 was amended by Act No. 13 of 1988 by. addin~ · . • ~- ·- ·· · · a new paragraph number 20, to the :Cirst Schedule and providi?l,g : . '. .'. that an offence under the Dangerous Drugs Ordinan~e, is_ an etonomio offence. Then). Pc:-ir1 :.aLent ::macted an amendment to se11tion 35 of the Economic a!!d O:r _::;a --~-~cd Crime Control· Ac,t, 1~84 by addi~g paragraph (~) to sub;'.ection (3) which states ,iearly that the Court shall not· gr~nt bail to a person who .• J- is charged with an offence under th~ Dangerous Drugs Ordinanett . i_ ~hat is mandatory. The court has no discretion. T t ·.l .. : ··r . .· ,· 1 ,:·:\ .- -,:':(', .•.··-.· ,- )~-_1r '· :/~f{~--~ ·-.:.•-~.i.~_::..;_!.-_' ~, '!.__ .t.-~-_:_ _-_:~_:·.-~_-_.)~_:_:.~._rl_-.:.:.-_' - _--. ._;·_:_1_.•_:.,f ,,_:.'~---;~_::-_~-.;._~_ _ ""· i_, __._._'.,_.-'.~-:_·,-.•.....,·._:._i.· ~ ~~-~\i·.~ ·.'• .\ -!": ' ' . ·,· " ·' i', ~ ••. '~ •. . . '.'·::._' .i~.. Tf · there is an,) ther person vl.'1.0 wns - charged• in th,e dis:tp.;.fe_:t)- ... , '-·· ·· · ' · · :,b. if }~t:·_wi th the same offence i: and that person· was granted 0~1;,~;t ~at may have beei: oe.:"cr-a 8.nOther magistrate. That decision//:};t,$''.;,;;/ ., >s' •,. not binding on this court~ The offeYice is not bailable, , . /;.;;·c ,. ' . 'f ~d so bail is refused,, ·.; . . · ..,;. -~~ !....~~--.' The application is dismissed. I~ J t .,. ' W. J. MA.INA JUDGE 18/10/1995 .. ·: ..,~.: ~ ,, ' I• ' • ' ' • • !• •~ •