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Tanzania Judgment

TZHC

19950215 TZHC Dar es Salaam

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The accused is not entitled to bail because the charged offence is classified as non-bailable under the relevant statute.

Court disposition

Bail denied

02

Material facts

Parties

SI300 MSEKALIU

Applicant

Tanzania Public

Respondent Counsel: Miss Mkwewa

03

Procedural history

  1. Posture

    Criminal / Bail Application Ruling

04

Questions and positions

Legal issues

Whether the accused is entitled to bail for an economic offence involving possession of heroin

Party arguments

Applicant
No argument from applicant recorded in the ruling.
Respondent
The offence is not bailable as per Section 35 of the Economic and Organised Crime Control Act 1984 as amended.

05

Court’s reasoning

  1. 01

    Section 35 of the Economic and Organised Crime Control Act 1984 as amended by Act No. 27 of 1991

    Certain economic offences are non-bailable under the law.

06

Ratio, limits and disposition

Ratio decidendi

The accused is not entitled to bail because the charged offence is classified as non-bailable under the relevant statute.

Court disposition

Bail denied

Source and reliance status

TZHC · 15 February 1995

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 15 February 1995

19950215 TZHC Dar es Salaam

IN TEill iIIGfi COUfil' OF Tl.J:l"a:D.UJ.. ..:.T. ~/Jl re S./J.,/..JJ/i m~(;.,1~(l1~1..ir2~J..O~f!,,0 1_gtT,LE_Q;:2P._im.20 OF 199.A ( ORIGINJ.L ffl~;.'CC C C.:..S~ NO., 17 OF 1994 itT 3.lil-iOM 4VD.WE Dib"TBICT COURr OF _ILLJ,L) SI300 l\1SF.i,&lU • o.• o • • • o • o • • • • o ii • • • • • e • • e o o • M".PLl OJi.NT

VERSUS 1... T:dJU. m.BLI C • • •· • • • ••• • o • • • • • • ·• ·• • • • • ~ • • .. •

RULING The accused is charged ·with an economic offence it bein.5 alleged that she was found to be in possession of heraine which is dangerous druge The offence is not bailable an statoo. by miss Mkwe,wa, the learned state .Attorney in view of Section 35 _of the Economic and No. 27 of 1991. . Organised Crime Contral Act 1984 which tras waended by J:.ct ) . . . -------. Jl)l)GE .it D_ar· es ;Sa.le?:!!»

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Economic and Organised Crime Control Act 1984

Legislation

Legislation referenced in the available case record.

Act No. 27 of 1991

Legislation

Legislation referenced in the available case record.

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