|
Citation
|
Judgment date
|
| November 2025 |
|
|
Breaks in chain of custody and loss of the original analyst report vitiated the cannabis trafficking prosecution.
* Criminal law – Narcotic drugs – Trafficking in cannabis sativa – Evidential requirements as to substance and weight under the DCEA; admissibility and conclusiveness of Government Analyst’s report (s.52 DCEA).
* Evidence – Lost original analyst report and scanned copy – burden to prove provenance and compliance with statutory quadruplicate requirement.
* Procedure – Sample extraction/sealing (Reg.16(f) DCEA Regulations) and presence of accused/independent witness.
* Evidence chain – Chain of custody; Police General Orders on exhibit handovers; effect of breaks/inconsistencies on admissibility.
* Criminal procedure – Role and evidential value of independent witness and necessity to call officers who handled exhibits.
|
5 November 2025 |
| September 2025 |
|
|
Court granted POCA restraint orders over assets suspected to be proceeds of T-Pesa fraud, authorising sale of perishable stock.
* Proceeds of Crime Act — restraint orders under ss.44–45; requirements: reasonable grounds and tainted property. * Serious offences — economic/organized crime and sentencing context. * Preservation of assets — power to restrain banks and land registries from transfers. * Disposal of perishable/depreciable stock — s.44(7)(a) authorises sale and deposit of proceeds into interim management account. * Interim management — use of Bank of Tanzania NPS Restrained Asset Interim Management Account pending trial.
|
30 September 2025 |
|
Chemist confirmed heroin but prosecution failed to prove the accused's possession or control beyond reasonable doubt, resulting in acquittal.
* Drug trafficking – possession as element of trafficking – distinction between actual and constructive possession – requirement of knowledge and control.
* Evidentiary proof – chemical analysis confirming heroin and statutory weight element.
* Chain of custody – importance, sealing, storage and receipt by Government Chemist; unbroken chain established.
* Criminal burden – prosecution must prove guilt beyond reasonable doubt; mere presence insufficient to establish possession; reasonable doubt leads to acquittal.
|
26 September 2025 |
|
Defendant convicted of trafficking after lawful search, intact chain of custody, and mandatory life sentence under DCE Act.
Criminal law – Drug trafficking – definition and elements (possession, storing, conveyance); admissibility and conclusiveness of Government Chemist’s report (DCE Act); search and seizure requirements and independent witness (Criminal Procedure Act); chain of custody principles for exhibits; procedural requirements and notice for alibi (EOCCA); mandatory sentencing for trafficking (DCE Act).
|
23 September 2025 |
| August 2025 |
|
|
Accused convicted and sentenced to life for trafficking 7.73 kg heroin; warrantless search and chain of custody upheld.
* Drug trafficking – heroin 7.73 kg – proof of substance and weight – Government Chemist report admissible and conclusive under s48A(2) DCEAct. * Possession and trafficking – constructive/actual possession established by knowledge and control; accused leading police to cache. * Search and seizure – warrantless search lawful under emergency exception to CPA and compliance with DCEAct (independent witness). * Chain of custody – exhibit register, seizure certificates and laboratory procedures maintained unbroken. * Sentence – mandatory life imprisonment under s15(1)(a) DCEAct.
|
22 August 2025 |
|
Conviction for drug trafficking upheld where prosecution proved lawful seizure, chain of custody, and possession; co-accused acquitted.
Criminal law – Trafficking in narcotic drugs – heroin hydrochloride – burden of proof – legality of search and seizure – chain of custody – constructive possession – acquittal where prosecution fails to prove beyond reasonable doubt.
|
22 August 2025 |
| July 2025 |
|
|
Court acquits first accused due to prosecution's failure to prove trafficking charge beyond a reasonable doubt.
Criminal Law – Trafficking in narcotics – Burden of proof – Chain of custody – Prolonged pre-trial detention – Acquittal.
|
28 July 2025 |
|
Prosecution failed to prove narcotic trafficking due to unreliable evidence and procedural missteps, leading to acquittal.
Criminal law - Trafficking in narcotic drugs - Burden of proof - Chain of custody of evidence
|
25 July 2025 |
|
Court ruled a chemist competent to tender drug exhibits, dismissing seizing officer exclusivity under PGO.
Criminal procedure – competency of witnesses – tendering of exhibits – relevance of police general orders versus legal competence under evidence law.
|
10 July 2025 |
| June 2025 |
|
|
Discrepancies in location and identification led to the acquittal in a narcotic drugs trafficking case.
Criminal law – Trafficking in narcotics – burden of proof – discrepancies in location and identification – reliability of documentation
|
27 June 2025 |
|
Inconsistencies in evidence and chain of custody led to acquittal in narcotic trafficking case.
Criminal Law – Narcotic Drug Trafficking – Chain of Custody – Consistency of Identifications – Standard of Proof in Criminal Trials.
|
26 June 2025 |
|
The prosecution failed to prove beyond a reasonable doubt the accused's guilt in narcotic drug trafficking.
Criminal Law – Drug trafficking – Trafficking in narcotic drugs – Search and seizure procedures – Importance of independent witness.
|
20 June 2025 |
|
Accused convicted and sentenced to life for trafficking 216kg cannabis; seizure, analysis, destruction and chain of custody upheld.
Criminal law – Narcotic drugs – Trafficking – Seizure and search without warrant in exigent circumstances; Certificate of Seizure as evidence; Government Analyst’s LC‑MS report admissible and conclusive; lawful destruction procedure and chain of custody upheld; mandatory life sentence under Drugs Act.
|
17 June 2025 |
|
Conviction for trafficking upheld: emergency search lawful, analyst confirmed 202kg cannabis; mandatory life sentence imposed.
Drug offences – Trafficking in cannabis sativa – Emergency search and seizure exceptions under CPA – Use of police officer as witness in uninhabited area – Government Chemist analyst report conclusive under DCE Act – Compliance with statutory disposal procedures and chain of custody – Mandatory life sentence under DCE Act.
|
17 June 2025 |
|
Court granted ex-parte restraining order over house alleged to be proceeds of drug trafficking.
* Proceeds of Crime Act (POCA) – ex-parte restraining orders under s.38; * Drug trafficking – confirmation by Government Chemist (684.32 kg cannabis) as basis for 'serious offence'; * Tainted property – acquisition shortly before/after alleged offence and sale agreement as evidence; * Relief – restraining order preventing disposal and prohibiting local authorities from authorizing transfers pending further action.
|
12 June 2025 |
|
Drug identity and custody proved, but inconsistencies and omissions left reasonable doubt, resulting in acquittal.
* Criminal procedure – emergency search powers – section 42 CPA – seizure at accident scene. * Evidence – expert analysis – GCLA report conclusive under Drugs Act. * Evidence – chain of custody – oral and documentary proof acceptable where credible. * Drugs law – statutory requirements for inventory and destruction under section 36 DCEA and Regulation 14; right of accused to be heard. * Standard of proof – inconsistencies and failure to call material witness created reasonable doubt, warranting acquittal.
|
6 June 2025 |
| May 2025 |
|
|
Conviction for trafficking in Catha edulis where laboratory report, chain of custody and seizure procedure were upheld.
* Criminal law – Trafficking in narcotic drugs (Catha edulis/khat) – proof beyond reasonable doubt.
* Evidence – Admissibility and conclusiveness of Government Analyst report under s.48A(2) DCEA.
* Procedure – Chain of custody, inventorying (DCEA Form No.006/PF16), sample submission (DCEA 001) and destruction compliance under s.36 DCEA and Reg.14 GN.173/2016.
* Criminal procedure – Requirement to notify alibi under s.42 EOCCA; consequences of afterthought alibi.
* Evidence – Role and independence of an independent witness to search and seizure (CPA s.38(3); DCEA s.48(2)).
|
26 May 2025 |
|
Acquittal where prosecution proved narcotic identity but failed to establish an unbroken chain of custody.
Criminal law – Narcotics trafficking – Proof of substance and weight by Government Chemist; Chain of custody – necessity of unbroken, documented handover and credible witnesses; Seizure procedure – requirement for independent witness and consistent testimony; Acquittal where chain of custody defects vitiate prosecution case.
|
23 May 2025 |
|
A seizure certificate’s authenticity is a factual issue; a clerical committal error does not bar its admission if no prejudice occurred.
Evidence — Admissibility of statutory certificate of seizure — requirement to read documents at committal under s.246(2) CPA and Rule 8(2) CECD Rules — clerical error in committal record — authenticity of signature/thumbprint is a factual matter to be proved — no prejudice, document admissible.
|
21 May 2025 |
|
Court found prima facie case against three accused but acquitted fourth for un-cautioned, uncorroborated implication.
* Criminal procedure – EOCCA ss.40–41 – duty of court after close of prosecution to determine whether prima facie case established.
* Narcotics – DCEA – elements of trafficking: proof of narcotic identity and statutory weight threshold (200g).
* Evidence – Government Chemist report under s.48A(2) DCEA treated as conclusive unless challenged.
* Confessions – oral confessions and co-accused statements require cautioning and independent corroboration; un-cautioned statements carry little weight.
* Digital evidence – failure to produce cybercrime reports/documentation undermines reliance on alleged electronic communications.
|
13 May 2025 |
|
Court granted ex‑parte witness protection orders—anonymity, withheld identifying material, in‑camera and video testimony due to credible threats.
* Criminal procedure – witness protection – ex‑parte orders under Prevention of Terrorism Act s.34(3) and Criminal Procedure Act ss.188(1),(2) – anonymity, withholding identifying materials, in‑camera proceedings, and video testimony.
* Witness safety – credible threats from organised/terrorist associates – balancing fair trial and witness protection.
* Economic and Organised Crime Control Act s.30 and Rules 8–9 (Procedure Rules) to be observed subject to protective measures.
|
6 May 2025 |
|
Forensic proof of mirungi existed, but defective search/seizure (no genuine independent witness) defeated prosecution's burden; accused acquitted.
Criminal law — Drug trafficking — Catha edulis (mirungi) — Forensic analysis admissible and conclusive — Search and seizure — requirement for independent witness — Chain of custody — Destruction of perishable exhibits complying with statute/regulations — Burden of proof and dubio pro reo.
|
6 May 2025 |
|
The 1st accused was convicted of drug trafficking and sentenced to life, while the 2nd accused was acquitted.
Criminal law – Drug trafficking – Possession and control of narcotic drugs – Chain of custody of evidence – Reasonable doubt.
|
2 May 2025 |
|
The prosecution proved possession of 174.77 kg heroin beyond reasonable doubt; the accused convicted and sentenced to life imprisonment.
* Criminal law – Drug trafficking – Possession as trafficking; 174.77 kg heroin seized. * Evidence – Burden of proof – Prosecution must prove guilt beyond reasonable doubt. * Evidence – Chain of custody – Oral and documentary proof required to exclude tampering. * Evidence – Forensic analysis – Laboratory report admissible and conclusive under s.48A(2) DCEA. * Criminal procedure – Warrantless emergency search lawful under s.42(1) CPA when exigent circumstances exist. * Sentencing – Life imprisonment prescribed for trafficking of large quantity of narcotics; forfeiture and destruction orders.
|
2 May 2025 |
| April 2025 |
|
|
Whether seized cash should be forfeited or returned under section 357 CPA after prosecution failed to pursue POCA.
* Criminal procedure – return of property – application of section 357 Criminal Procedure Act – conditions for restoration of property seized on apprehension.
* Forfeiture – Proceeds of Crime Act (POCA) – requirement for formal application under section 9 and consequence of prosecution’s failure to file timely application.
* Doctrine – functus officio – court unable to reopen earlier order regarding custody pending POCA proceedings.
* Evidentiary issue – attribution of ownership where co-accused not present and no evidence of lawful source of seized cash.
|
29 April 2025 |
|
Electronic laboratory analyst reports printed and resealed are admissible; authenticity affects weight, not admissibility.
Evidence — admissibility of electronic laboratory analyst reports printed from management systems; Evidence Act ss 83(a), 85(1), 86 — applicability to Government Analyst reports; Electronic Transactions Act s18(2) and Evidence Act s64A — electronic documents admissible; Authenticity and certification — indicia of authenticity (seal/stamp) satisfy section 86; Probative value — authenticity affects weight not admissibility.
|
23 April 2025 |
|
Cautioned statement excluded where not proved to be made by accused and recorded outside DCEA time limits.
Evidence — cautioned statements — admissibility; burden to prove voluntariness and authorship; statutory recording timeframe under DCEA s48; applicability of DCEA to citizens/residents arrested outside Mainland Tanzania; duty to record or seek written extension; PGO and detention register as material proof; discretionary exclusion under CPA s169 and DCEA s48(4).
|
17 April 2025 |
| March 2025 |
|
|
Acquittal where chain of custody defects created reasonable doubt about seized drugs analyzed.
* Criminal law – Trafficking in narcotic drugs – necessity to prove offence beyond reasonable doubt.
* Evidentiary chain – chain of custody for seized exhibits – importance of consistent documentation and witness accounts.
* Forensic evidence – Government Chemist’s report conclusive as to composition but of limited value absent an intact chain of custody.
* Remedy – acquittal where chain of custody defects create reasonable doubt; destruction and disposition orders for exhibits.
|
28 March 2025 |
|
Court granted anonymity, confidentiality and video testimony to protect threatened prosecution witnesses.
Witness protection — Prevention of Terrorism Act s.34(3); Criminal Procedure Act s.188(1)–(2) — anonymity of witnesses, confidentiality of identifying material, testimony by video-conference, in-camera proceedings — committal procedure compliance (EOCCA s.30; GN No.267/2016 r.8).
|
24 March 2025 |
|
|
14 March 2025 |
|
Preliminary objections based on factual disputes cannot exclude a certificate of seizure; absence of a receipt affects weight, not admissibility.
* Evidence – admissibility of seizure documentation – whether absence of a separate receipt renders certificate of seizure inadmissible.
* Criminal procedure – preliminary objections must be pure points of law and not factual disputes (Mukisa Biscuits principle).
* Statutory interpretation – s.48(2)(c)(vii) DCEA permits receipt or Third Schedule observation form (certificate of seizure); absence of receipt affects weight not admissibility.
|
13 March 2025 |
| February 2025 |
|
|
Whether the prosecution proved beyond reasonable doubt that the accused trafficked 509.63g of heroin.
* Drug offences – Trafficking – possession of heroin – proof beyond reasonable doubt; Government Chemist analysis and weight (509.63g).
* Evidence – chain of custody – seizure, sealing, laboratory delivery and production in court.
* Procedure – certificate of seizure signed by accused as an admission; duty to notify alibi under EOCCA.
* Sentence – mandatory life imprisonment under Drug Control and Enforcement Act.
|
14 February 2025 |
|
|
7 February 2025 |