High Court Corruption and Economic Crimes Division - 2021 April

2 judgments
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2 judgments
Citation
Judgment date
April 2021
Accused acquitted where prosecution failed to prove possession and maintain an unbroken chain of custody for narcotics.
Criminal law – Drug offences – Trafficking – Possession; Evidence – Burden of proof in criminal cases; Chain of custody – documentation and handling of narcotic exhibits; Failure to call material independent witness – adverse inference; Improper/disputed disposal and delay before laboratory analysis.
30 April 2021
Accused convicted of trafficking 327.56 kg cannabis; forensic proof and chain of custody upheld, each sentenced to 30 years.
* Criminal law – Narcotic drugs – Trafficking in cannabis sativa (327.56 kg) – Proof beyond reasonable doubt; forensic analysis confirming nature of substance. * Evidence – Chain of custody – exhibit register and submission forms established continuity of custody. * Procedure – Arrest and seizure – lawful though formal seizure recorded at police station due to unsafe scene. * Defence credibility – alibi of looking for plots and allegations of coercion unsubstantiated and rejected. * Sentence – 30 years imprisonment each; exhibits destroyed; vehicle dealt with under relevant rules.
16 April 2021