High Court Corruption and Economic Crimes Division - 2025 September

3 judgments
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3 judgments
Citation
Judgment date
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