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Citation
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Judgment date
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| October 2024 |
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24 October 2024 |
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Prosecution proved trafficking of 275 kg cannabis; accused convicted and sentenced to mandatory life imprisonment.
* Criminal law – Narcotic drugs trafficking – proof beyond reasonable doubt – seizure, laboratory confirmation and chain of custody. * Evidence – Expert (chemist) report admissibility and conclusiveness under Drugs Act. * Procedure – lawful disposal of perishable exhibits and accused’s right to be heard. * Defence – alibi requirements and failure to notify particulars under EOCCA.
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18 October 2024 |
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Prosecution failed to prove trafficking due to lack of proof of ownership, control, independent witness and proper disposal procedure.
Drugs — Offence of trafficking — information need not specify mode where type and weight are given; Search and seizure — requirement for witness to be independent or justified exception; Ownership/control of premises — must be proved by independent or corroborative evidence; Disposal of exhibits — accused must be afforded right to be heard and magistrate's oral evidence may be necessary when Form is silent; Proof beyond reasonable doubt — shortcomings in ownership, custody and disposal vitiate prosecution case.
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18 October 2024 |
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Accused acquitted because broken chain of custody and defective disposal records prevented proof of drug trafficking.
* Criminal law – Drug trafficking – Proof beyond reasonable doubt – necessity of unbroken chain of custody linking seized items to analysed samples.
* Evidence – Chain of custody – contradictions in packaging, labelling and handover times undermine evidential value.
* Drugs Act – Disposal and destruction procedures – requirement to record disposal order and net weights after sampling; inventory as primary evidence.
* Criminal procedure – Alibi – statutory notice/particulars required; late or unparticularized alibi may be treated as afterthought.
* Property forfeiture – Confiscation of vehicle under section 49A(1) Drugs Act where ownership not established.
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17 October 2024 |
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Prosecution failed to prove the accused owned or controlled premises where seized drugs were found; accused acquitted.
* Criminal law – Narcotics trafficking – Burden to prove ownership and control of premises where drugs seized; * Search and seizure – Requirement for independent witness to DCEA search and exceptions to police as witness; * Chain of custody and forensic confirmation insufficient where ownership/control not established; * Reasonable doubt arising from custody period and potential third‑party access.
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17 October 2024 |
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Acquittal where prosecution failed to prove knowledge/possession and disposal of perishable exhibits violated right to be heard.
* Criminal law – possession and knowledge – actual vs constructive possession – driver of vehicle not automatically in possession of concealed narcotics; prosecution must prove knowledge/control. * Evidence – failure to call key witnesses – adverse inference where unexplained absence, but gaps may still undermine prosecution case. * Evidence/procedure – disposal of perishable exhibits – accused must be present and heard before disposal; flawed disposal renders inventory inadmissible as substitute for physical exhibits.
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16 October 2024 |
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Court convicts three accused for trafficking 29.86 kg heroin (life imprisonment); acquits others and orders exhibit disposal.
Criminal law – Drug trafficking – sufficiency of charge particulars; small quantity cannabis vs trafficking; admissibility and weight of Government Chemist report; voluntariness and admissibility of cautioned/oral confessions; constructive possession and joint liability; lawful search in exigent circumstances; chain of custody for narcotics; mandatory life sentence for large-quantity heroin trafficking.
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4 October 2024 |