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Tanzania decisions
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The High Court acquitted three accused of trafficking cannabis after finding gaps and contradictions in the chain of custody of the seized exhibits.
The prosecution failed to prove the charge beyond reasonable doubt due to non-compliance with mandatory statutory procedures for disposal of narcotic drugs, lack of proper certification and opportunity for accused to be heard, failure to call key witnesses, and insufficient evidence linking the accused to the seized drugs.
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The prosecution proved beyond reasonable doubt that both accused were found in possession of 509.63 grams of heroin, chain of custody was maintained, expert evidence confirmed the substance, and defence failed to raise reasonable doubt. Mandatory life imprisonment applies.
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The High Court convicted Azizi Rashid Abdallah of trafficking 500.55 kg of cannabis sativa, upheld the chain of custody, and sentenced him to life imprisonment.
The court found that the prosecution proved beyond reasonable doubt that the accused trafficked 1.01 kg of heroin, as the 58 pellets were removed from his body, the chain of custody was maintained, and the accused's defence was not credible.
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The High Court convicted two accused of trafficking 136.55 kg of cannabis sativa, upheld the search and chain of custody, and sentenced each to 25 years.
The prosecution proved beyond reasonable doubt that the accused conveyed 160.35 kg of Catha edulis (khat) in a motor vehicle, maintained chain of custody, and the accused signed relevant documents, establishing possession and trafficking under section 15(1)(a) and (3)(iii) of the Drug Control Enforcement Act.
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The prosecution proved beyond reasonable doubt that the first accused was found trafficking in 978.42 grams of heroin, as the search and seizure were lawfully conducted, the chain of custody was maintained, and the chemical analysis confirmed the substance. The second accused was acquitted due to lack of evidence of her participation or control over the narcotic drug.
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The prosecution failed to prove beyond reasonable doubt that the accused owned the house where the narcotic drugs were found and had control over it during the period he was in police custody. Without proof of ownership and control, the charge of trafficking cannot stand.
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The prosecution proved beyond reasonable doubt that the accused was apprehended at Rhumba Chini in possession of 213.05 kilograms of cannabis sativa, and all legal requirements for seizure, disposal, and chain of custody were satisfied. The defence failed to raise reasonable doubt or comply with procedural requirements for alibi. Errors in documentation were deemed human and did not affect admissibility or credibility of evidence.
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