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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 absence of a valid transfer order from the High Court to the magistrates who conducted the plea, preliminary hearing, and trial rendered the proceedings, judgment, and consequential orders a nullity. Additionally, the prosecution's evidence was marred by procedural irregularities, particularly regarding the disposal of perishable exhibits without the appellants' participation, making a retrial inappropriate.
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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 trial court failed to properly record an unequivocal plea of guilty, instead recording a plea of not guilty and proceeding to conviction and sentence. This procedural defect rendered the conviction and sentence a nullity, necessitating quashing and an order for retrial.
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The High Court granted an ex parte restraining order over a house said to be tainted property from narcotics trafficking proceeds.
Failure to list and bring to the attention of the accused, at committal proceedings, the real and documentary exhibits relied upon at trial is a fatal omission under section 246(2) of the Criminal Procedure Act, rendering such exhibits inadmissible and the conviction unsustainable.
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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 both accused trafficked 136.55 kg of cannabis sativa, with the chain of custody intact, credible identification, and corroborated oral admissions; defense arguments were unsubstantiated and alibi was an afterthought.
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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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