Automated Summary
Key Facts
Said Mohammed Haji was charged with possession of drugs contrary to Section 21(1)(d) of the Zanzibar Narcotics Control and Anti-Narcotics Act No. 8 of 2021. On 5 March 2022, he was arrested in Chuini, Magharibi District, Unguja where 8 packets of dried leaves weighing 1.099 kg were seized. The defendant was acquitted because the search was conducted illegally, as only one witness was present during the search instead of the two independent witnesses required by law.
Issues
- Whether the search conducted by arresting officer PW2 (Yussuf Zuberi Haji) followed proper legal procedures as required by the Act, particularly the mandatory requirement of two independent witnesses during body search under section 42(2) and section 48(g) of the Narcotics Control Act.
- Whether the prosecution has proven beyond reasonable doubt that the accused Said Mohammed Haji was in possession of drugs contrary to section 21(1)(d) of the Zanzibar Narcotics Control and Eradication Act No. 8 of 2021, specifically establishing that the accused possessed the eight packets of dried leaves identified as marijuana.
Holdings
The court held that the prosecution failed to prove beyond reasonable doubt that the accused possessed drugs, as the search conducted by PW2 violated statutory requirements under Sections 42(2) and 48(g) of the Narcotics Control and Combating Law No. 8 of 2021, which mandate two independent witnesses and a seizure certificate. Consequently, the benefit of doubt was given to the accused and he was acquitted and released.
Remedies
The court acquitted the defendant Said Mohammed Haji and set him at liberty forthwith, as the prosecution failed to prove the offense beyond reasonable doubt due to illegal search procedures without two independent witnesses.
Legal Principles
- Criminal cases require proof beyond reasonable doubt; insufficient evidence to meet this standard results in acquittal and benefit of doubt given to the accused.
- The physical act of possession must be proven; improper seizure procedure can undermine the prosecution's ability to establish this element of the offence.
- The prosecution bears the burden to prove the accused's guilt beyond reasonable doubt; it is not the defendant's responsibility to prove innocence.
Precedent Name
Malik Hassani Suleiman V S.M.Z
Cited Statute
- Zanzibar Narcotics Control and Drug Prevention Act No. 8 of 2021
- Zanzibar Laws No. 7 of 2018
Judge Name
Justice M. Kh. Kombo
Passage Text
- Kwa uchambuzi wa miongozo ya sheria niliotangulia kueleza, ni wazi kwamba, upekuzi uliofanywa na PW2 dhidi ya mtuhumiwa said Muhammed Haji haukufuata masharti ya upekuzi yaliyoelekezwakatika sheria ya Mamlaka ya Kuthibiti na Kupambana na Madawa ya Kulevya namba 8 ya 2021 na hivyo Mahakama hii unauona upekuzi huo kuwa ni kinyume na sheria.
- Kwa uchambuzi nilioufanya sanjari na sababu nililizotangulia kuzieleza ni dhahiri kwamba, upande wa mashtaka umeshindwa kuthibitisha viini (ingredients) vya kosa aliloshtakiwa nalo mshitakiwa bila ya kuacha shaka ya maana yaani "beyond reasonable doubt".
- Kwa hivyo, utaratibu wa sheria unanilazimisha kumpa faida ya shaka hiyo ya kisheria (benefit of doubt) mshitakiwa na mahakama hii, inamuona mshitakiwa Said Muhamed Haji kuwa hana hatia ya kosa aliloshtakiwa nalo (not guilty of an offence charged) la kupatikana na dawa za kulevya kinyume na kifungu cha 21 (1) (d) cha Sheria ya Mamlaka ya Kudhibiti na Kupambana na Dawa za Kulevya Zanzibar Namba. 8 ya 2021 yaSheria za Zanzibar na namuachia huru mara moja (I acquit him and set at his liberty forthwith).