FROM KUSEKWA KUSEKWA IN MOSHI
The High Court at Moshi has acquitted suspected drugs dealer, one Nestory Machibya, who was charged with trafficking freshly picked Catha Edulis leaves or “Mirungi,” a narcotic drug, allegedly in six bags weighing 116.69 kilogrammes and worth hundreds of thousands of shillings in street value.
Judge Safina Simfukwe ruled the prosecution, through six witnesses, led by State Attorneys Julieth Komba, Makore Maheri and Frank Ong’eng’a, had miserably failed to prove the charge beyond reasonable doubt.
She ruled that the prosecution failed to prove its case as required under section 3(2)(a) of the Evidence Act and, therefore, found the accused not guilty of the offence of trafficking in narcotic drugs.
“He (the accused person) is hereby acquitted under section 331 (3) of the Criminal Procedure Act, Cap 20 R.E 2023, unless otherwise lawfully held,” the judge said.
According to the judge, it was evident that the specific manner in which the accused allegedly trafficked the narcotic drugs was not disclosed in the information.
She pointed out that the particulars of the offence merely alleged trafficking without specifying whether the accused was involved in importation, exportation, buying, selling, giving, supplying, storing, possession, production, manufacturing, conveyance, delivery or distribution of the alleged narcotic drugs.
The state had alleged that on July 6, 2023 at Rikweni village within Same District in Kilimanjaro Region, the accused was found unlawfully trafficking in narcotic drugs, namely Catha Edulis, commonly known as “Mirungi,” weighing 116.69 kilogrammes.
