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Accused acquitted because search lacked an independent civilian witness and seized drugs were destroyed without affording the accused a hearing.
Drug trafficking – charge of trafficking in Cannabis Sativa – sufficiency of proof beyond reasonable doubt. Search and seizure – statutory requirement for an independent witness (section 48(2)(d)(i) DCE Act) – police officer from same operation cannot be treated as impartial absent exceptional circumstances and documented efforts to secure civilian witnesses. Disposal of exhibits – duty to afford accused right to be heard before destruction (section 36(2),(3) DCE Act) – failure to record accused's comments invalidates reliability of destruction process. Evidence and chain of custody – destruction without proper hearing creates reasonable doubt leading to acquittal.
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