High Court Corruption and Economic Crimes Division - 2022 November

3 judgments
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3 judgments
Citation
Judgment date
November 2022
Prosecution failed to prove the respondent's trafficking charge due to unlawful search and breakdown in chain of custody.
Criminal law – Narcotics – Lab analysis as conclusive proof of drug identity; Criminal procedure – Search and seizure legality (s.38, s.42 CPA) – warrant and on-scene requirements; Evidentiary law – Chain of custody and exhibit integrity; Criminal evidence – alibi and identification burden to be rebutted by prosecution.
30 November 2022
Accused convicted of trafficking heroin; analyst report, tags and credible custody evidence upheld warrantless search and chain of custody.
Criminal law – Drug trafficking – Admissibility of Government Chemist report – Chain of custody – Warrantless search justified by urgency – Constructive possession established by luggage tags and conduct.
30 November 2022
11 November 2022