republic versus nuhu ibrahim lukali 2023 tzhc 20589 25 august 2023

republic versus nuhu ibrahim lukali 2023 tzhc 20589 25 august 2023

The chain of custody of Exhibit P5 was not maintained due to missing evidence regarding its handling by P/C Hemed, and key prosecution witnesses failed to identify the exhibit in court, creating reasonable doubt and fatal irregularity in proof of the offence.

Citation
republic versus nuhu ibrahim lukali 2023 tzhc 20589 25 august 2023
Parties
Prosecution: The Republic; Accused: Nuhu Ibrahim @ Lukali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 August 2023
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal
Legal Topics
Trafficking in Narcotic Drugs, Chain of Custody, Certificate of Seizure, Expert Evidence, Acquittal
Source Language
English
Criminal Law Economic Crimes Drug Offences Trafficking in Narcotic Drugs Chain of Custody Certificate of Seizure Expert Evidence Acquittal

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Parties

The Republic

Prosecution

Nuhu Ibrahim @ Lukali

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether Exhibit P5 was found and retrieved from Exhibit P3 while trafficked by the accused person
  2. 2 Whether the chain of custody of Exhibit P5 was maintained
  3. 3 Whether the accused person raised any doubt against the prosecution case

Ratio Decidendi

The chain of custody of Exhibit P5 was not maintained due to missing evidence regarding its handling by P/C Hemed, and key prosecution witnesses failed to identify the exhibit in court, creating reasonable doubt and fatal irregularity in proof of the offence.

Court Disposition

acquittal

Orders

  • Exhibit P5 to be destroyed in accordance with the Drugs and Enforcement Act, Cap. 95 R.E 2019 and its Regulations.
  • Prosecution advised to deal with Exhibit P3 (Motor Vehicle Toyota 1ST, Registration Number T 144 DPS) as per section 49A of the Drugs Control and Enforcement Act, Cap 95 RE. 2019.