19750725 TZHC Arusha

AT ARUSHI-t At>PELLATE JURISDICTION.- HIGH COURT CRIMINAL APPEAL N00 357 OF 1974 ORIGINAL CRIMINAL CASE NO 361 OF 1974 OF THE DISTRICT COURT OF KOROGWE DISTRICT AT KOROGWE Before J.E.C. Masanche, Esq., Resident Magistrate SAIDI SEFU . . .•. . . APPELLANT versus THE REPUBLIC 0 RESPONDENT CHARGE: Unlawful transportation cf agricultural producEs c/s 6 of the National Agricultural Products Board Act, 1964. J .0 P G M EN T Jonathan, J. The appellant, SAIDI SEFU, on his own plea, was convicted of unlawful transportation of agricultural products, c/s 6 Of the ationa1 Agricultural Products Board Act, 1964 in that he was found transporting 30 bags of beans weighing 3,000 kilograms0 The plea does not appear to have been unequivocal0 This for two reasons0 Firstly, it is not shown either in the charge or in the facts that the particular beans were a specified agricultural product within the meaning of section 7 of the Agricultural Products (Control and Marketing) Act, l962 The charge should have indicated the order of the Minister which specifies the beans to be agricultural products for. this purpose0. For, if there was no such order, and I have not been able to trace one, the appe lant was committing no offence in transporting the beans0 Secondly, although section 3 of the National Agricultural Products Board (Transport Control) Order 1939 (GONO 7/69) prescribes the transportation of agricultural products by any person, other than the )ard or its agents, unless there has been a pernitt obtained from the ioard or its agent, thee is a proviso that the section shall not apply to "the transporation of any aqricuitural product by or on behalf of its producer from the place of its production to the place of :torage, or from the place of its production or storog to the nearest buying co-operative society 0:: 13a::cYs rn.in store by the shortest or normal route; and" The charge and the statement of facts do not show, as would have been expected, that the accused was not the producer of the product transporting it to a place of storage or to the nearest buying cooperative society. The mere allogotion that he was transporting the beans to Tanga did not pre-cmpt the proviso0 Indeed, the accused in answer to the statement of facts said that he did not buy the beans; ho had produced them. Accordingly, the conviction, sentence and order of forfeiture are set aside0 The plea of the accused should he taken afresh on a charge properly framed. To this extent the appeal is allowed0 Delivered in open court this 25th day of July, 1975. 2/ I /Cwm P.M. JONATHAN (JUDGE)