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Jamhuri vs Muharami Mohamed Abdallah @ Chonji & Others (Criminal Sessions Case No. 58 of 2023) [2024] TZHC 6435 (11 July 2024)
KOCHA MUHARAMI, CAMBIASO WASOMEWA MASHTAKA MAWILI, TUHUMA ZA DAWA ZA KULEVYA...
View attachment 3043714
2022 21 November
The defendants enjoyed the services of Mr. Juma Nassoro, learned lawyer of the first defendant, Josephat Mabula, learned counsel for the second defendant, Mr. Abel Rubeni with Mrs. Mainda Omary, learned advocates for 3rd position the defendant, mr. Gideon Opanda and Mrs. Marieta Mollel, learned lawyersdefendant 4, and Mr. Dominicus Nkwera and Mr. Gerald Noah, they knew attorneys for defendant 5. I appreciate the professional industry which they showed in the prosecution of this case.
In an effort to prove the accusation, the Republic organized ten (10)the witnesses are, PW1 Ipyana Adam Msika, PW2 Kenneth James Kaseke,
PW3 Zainabu Duwa Maulana, PW4 Elias Mulima, PW5 ACP Salimini Kassim Shelimo, PW6 ACP Neema Mwakagenda, PW7 H. 4480 FORENSIC SGT Bukore, PW8 F 601 D/CPL Geofrey, PW9 Son Sasamalo, and PW10
Inspector General. It should be noted that Mwanamtama d/o Sasamalo (PW9) was
declared hostility.
In addition to oral evidence, the prosecution tendered twelve (12) shows the written and physical as follows; those two documents namely, certificates of value dated 21/01/2015 for Cocaine
Hydrochloride weighing 894.28 grams worth
TZS 62,599,600/= and
certificate of value of Heroine Hydrochloride weighing 5,309.57 grams with a
value of TZS 265,478,500/= (Pl exhibits together), ....
were admitted and marked as exhibit D2 collectively. The 4th accused, on his part, tendered his statement which he recorded at the Central Police Station
(exhibit D3).
In essence, all five accused disputed the allegations. They denied being arrested in the alleged house at Magomeni Makanya with narcotic drugs
(exhibit P3). They also vehemently disputed signing the seizure certificate (exhibit PIO). Equally, they contested being taken to the Anti-Drug Unit
Offices (ADU) at Kurasini to witness the packaging of the alleged drugs.
It was the 1st accused's defence that on the 21st day of October 2014, he was arrested at Magomeni Kondoa, Ndugumbi Bigaeni where he had a shop
for M-Pesa and Luku. From there he was forcefully taken to the house (crime scene) at Magomeni Makanya where it is alleged that the narcotic drugs
were found. DW1 admitted that he was found with money of different currencies to wit, TZS 900,000/=, EURO 50, and USD 24,001( exhibit P8),and the pistol (exhibit P4). He stated that the said money was proceeds of
sale from Luku and M-Pesa. He also told the Court that he possessed US dollars because he was in the process of opening a Bureau de Change which
according to the Bank of Tanzania regulations, he was supposed to deposit
Tanzania shillings fifty million ( Tshs. 50,000,000/=) to get a permit.
Page 12
In the final analysis, I am inclined to hold that the prosecution has proved
the case beyond reasonable doubt. The doubts raised by the accused are
merely fanciful and did not cast reasonable doubt in the prosecution
evidence. Consequently, I find all five accused guilty of trafficking in narcotic
drugs in the 1st and 2nd counts and therefore proceed to convict Muharami
Mohamed Abdallah© Chonji, Abdul Abdallah Chumbi, Rehan Morsad
Umande, Tanaka Adam Mwakasafule, and Maliki Zuberi Maunda of trafficking
in narcotic drugs contrary to section 16(l)(b) of the Drugs and Prevention
of Illicit Traffic in Drugs Act [Cap. 95 R.E. 2002] as amended by the Written
Laws (Miscellaneous Amendments) (No. 2) Act No. 6 of 2012 in the 1st and
2nd counts.
It is so ordered.
The right to appeal is explained. / /
A.A. Mbagwa
JUDGE
11/07/2024
Page 40
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Republic vs Muharami Mohamed Abdallah @ Chonji & Others (Criminal Sessions Case No. 58 of 2023) [2024] TZHC 6435 (11 July 2024)
TOKA MAKTABA:
KOCHA MUHARAMI, CAMBIASO WASOMEWA MASHTAKA MAWILI, TUHUMA ZA DAWA ZA KULEVYA...
2022 21 November
View attachment 3044818
KOCHA MUHARAMI, CAMBIASO WASOMEWA MASHTAKA MAWILI, TUHUMA ZA DAWA ZA KULEVYA...
Watu sita akiwemo aliyekuwa kocha wa makipa wa timu ya klabu ya Simba, Muharami Sultan (40) wamefikishwa katika mahakama ya Hakimu Mkazi Kisutu wakikabiliwa na mashtaka mawili ya kusafirisha dawa za Kulevya aina ya heroine zenye uzito wa kilogramu 34.89.
Washtakiwa wengine katika kesi hiyo ni mmiliki wa kituo cha Cambiasso Sport Academy kilichopo Tuangoma, Kambi Zubery Seif, Said Matwiko, Maulid Mzungu maarufu mbonde (54), John John maarufu Chipanda (40) na Sarah Joseph.
Akiwasomea hati ya mashtaka Wakili wa Serikali Mwandamizi Grace Mwanga amedai mbele ya Hakimu Mkazi Mkuu Mery Mrio kuwa washtakiwa wote Kwa pamoja wanakabiliwa na mshtaka mawili ya kusafirisha dawa za Kulevya.
Amedai Oktoba 27,2022 eneo la Kivule jijini Dar es Salaam washtakiwa wote kwa pamoja walisafirisha dawa za Kulevya aina ya heroin zenye uzito wa kilogramu 27.10 .Amedai katika shtaka la pili Novemba 4, 2022 maeneo ya Kamegele wilaya ya Mkuranga mkoani Pwani washtakiwa hao kwa pamoja walisafirisha dawa za Kulevya aina ya heroin zenye uzito wa kilogramu 7.79. Wakili amesema kuwa Upelelezi wa shauri hilo bado haujakamilika hivyo ameiomba mahakama hiyo ipange tarehe nyingine.
Baada ya maelezo hayo Hakimu Mrio amesema mahakama hiyo haina Mamlaka ya kusikiliza shauri hilo la dawa za kulevya na washtakiwa hao hawatakiwi kujibu chochote na kesi imeahirishwa Hadi Desemba 5, 2022