thadei hamisi mtandika vs republic 2019 tzhc 2023 28 january 2019

thadei hamisi mtandika vs republic 2019 tzhc 2023 28 january 2019

Possession of narcotic drugs is a bailable offence under Tanzanian law; the respondent misconceived the law in opposing bail.

Citation
thadei hamisi mtandika vs republic 2019 tzhc 2023 28 january 2019
Parties
Applicant: Thadei Hamisi Mtandika; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 January 2019
Procedural Posture
Misc. Criminal Application / Bail Pending Trial
Outcome
Application granted
Legal Topics
Bail, Narcotic Drugs, Possession Vs Trafficking, Presumption of Innocence
Source Language
English

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Parties

Thadei Hamisi Mtandika

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Bail Pending Trial

  1. 1 Whether the offence of possession of narcotic drugs is bailable under Tanzanian law
  2. 2 Whether repeated arrests violate the presumption of innocence

Ratio Decidendi

Possession of narcotic drugs is a bailable offence under Tanzanian law; the respondent misconceived the law in opposing bail.

Court Disposition

Application granted

Orders

  • Two sureties each to sign a bond of Shs ten million
  • Applicant to surrender his travel document to the Regional Crimes Officer