20170920 TZHC Dar es Salaam

20170920 TZHC Dar es Salaam

The court found that the prosecution proved beyond reasonable doubt that the accused was arrested at JNIA, defecated 77 pellets containing cocaine hydrochloride while in custody, and that the chain of custody was maintained. The evidence of the prosecution witnesses was credible, the chain of custody was not broken, and the defence did not raise any reasonable doubt. The accused was found guilty of trafficking in narcotic drugs.

Citation
20170920 TZHC Dar es Salaam
Parties
Prosecution: Republic; Accused: Abbas Kondo Gede
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 2017
Procedural Posture
Criminal Sessions Case / Judgment
Outcome
Conviction
Legal Topics
Trafficking in Narcotic Drugs, Chain of Custody, Credibility of Witnesses, Burden of Proof, Insanity Defence
Source Language
English
Criminal Law Trafficking in Narcotic Drugs Chain of Custody Credibility of Witnesses Burden of Proof Insanity Defence

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Parties

Republic

Prosecution

Abbas Kondo Gede

Accused

Procedural Posture

Criminal Sessions Case / Judgment

Legal Issues

  1. 1 Whether the accused was arrested at JNIA on 14/5/2011
  2. 2 Whether the accused defecated 77 pellets containing narcotic drugs while in custody
  3. 3 Whether the chain of custody of the pellets was maintained

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused was arrested at JNIA, defecated 77 pellets containing cocaine hydrochloride while in custody, and that the chain of custody was maintained. The evidence of the prosecution witnesses was credible, the chain of custody was not broken, and the defence did not raise any reasonable doubt. The accused was found guilty of trafficking in narcotic drugs.

Court Disposition

Conviction

Orders

  • The accused Abbas Kondo Gede is found guilty of trafficking in narcotic drugs contrary to Section 16(1)(b)(ii) of the Drugs and Prevention of Illicit Drugs Act, Cap 95 R.E 2002 and is consequently convicted accordingly.