High Court Corruption and Economic Crimes Division - 2022 May

4 judgments
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4 judgments
Citation
Judgment date
May 2022
Accused convicted of cannabis trafficking based on seizure at his home and his signature on the seizure form; sentenced to 25 years.
Criminal law – Drug trafficking – Cannabis – Search and seizure at accused’s premises – Certificate of seizure/thumbprint as evidence of possession – Credibility of arresting officer and village witness – Sentence within statutory 20–30 year range for first offender.
27 May 2022
26 May 2022
Prosecution proved narcotics trafficking; emergency search lawful, chain of custody intact, and the accused was convicted.
* Criminal law – Drugs Control and Enforcement Act – trafficking in narcotic drugs – proof of possession and trafficking based on x-ray detection and eyewitnesses. * Search and seizure – emergency search at airport – warrant not required where immediate danger/suspicion arises. * Evidence – chain of custody – delay in handover explained, chain held intact. * Evidence – failure to tender physical bag and minor inconsistencies – oral eyewitness testimony sufficient; minor contradictions immaterial. * Procedure – caution statement and timing – compliant with 24‑hour requirement under Drugs Control and Enforcement Act. * Criminal procedure – alleged defective information – no shown prejudice to accused.
19 May 2022
Accused convicted of drug trafficking; search, sampling and chain of custody upheld, vehicle retained pending owner’s rights.
Criminal law – Drug trafficking – Seizure from secret vehicle compartments – Legality of night-time search without independent witness; Expert analysis and Government Chemist report confirming Catha edulis; Chain of custody maintained by documentary handovers and oral testimony; Late/notified alibi inadmissible under statutory procedure.
18 May 2022