zuhura shabani mbaga and another vs republic 2023 tzhc 23808 14 november 2023
The conviction was quashed because the prosecution's evidence was materially inconsistent and contradictory, the chain of custody for the narcotic drugs was broken with unexplained missing bundles, the search and seizure were conducted unlawfully without a warrant as required by law, and the caution statement was irregularly obtained and inadmissible. These defects went to the root of the case and the prosecution failed to prove the case beyond reasonable doubt.
Source excerpt
- Narcotic drugs
- Unlawful search and seizure
- Chain of custody
- Evidentiary contradictions
- Admissibility of evidence