High Court Corruption and Economic Crimes Division - 2025 April

3 judgments
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3 judgments
Citation
Judgment date
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