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Khat found but seizure and chain-of-custody defects raised reasonable doubt, leading to acquittal and return of the vehicle.
Drugs law – identification of seized substance – expert forensic analysis established khat (cathine/cathinone) weighing 51.89kg. Criminal procedure – search and seizure – seizure irregular where certificate signed by persons who did not witness opening and procedures moved from scene to police station. Evidence – chain of custody – missing handlers and unexplained transfers broke the chain, raising reasonable doubt of tampering. Possession – knowledge and control – prosecution failed to prove accused knew of or controlled the contraband. Remedy – acquittal and return of vehicle where prosecution fails to prove case beyond reasonable doubt.
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