joseph charles bundala vs republic 2021 tzca 3532 21 december 2021
The conviction could not be sustained because the search was conducted without a warrant in non-emergency circumstances, contrary to section 38 of the Criminal Procedure Act and Police General Orders, and the trial court failed to exercise its discretion under section 169 of the CPA before admitting the illegally obtained evidence. The evidence was therefore inadmissible and expunged, leaving no basis for conviction.
Source excerpt
- Unlawful possession of prohibited plants
- Illegally obtained evidence
- Search and seizure
- Admissibility of evidence
- Police procedure