By Kusekwa Kusekwa
The High Court in Arusha has freed Eliza Daniel, who was sentenced to 30 years in jail for trafficking cannabis sativa, commonly known as bhangi, by the Arumeru District Court. She was allegedly found with 18 kilogrammes of the narcotic drug about two years ago.
Judge Silvester Kainda ruled in favour of Eliza after he was satisfied that the prosecution had failed to prove its case beyond reasonable doubt during the trial stage.
“Accordingly, the appeal is hereby allowed. Conviction is quashed and the sentence meted out is set aside. The appellant shall be released from prison unless held for another lawful reason,” the judge declared in the judgment delivered recently.
He observed from the testimony of witnesses during the trial that the prosecution failed to present airtight evidence proving that Eliza was found in possession of the drugs in question.
In setting her free, the judge noted that the particulars of the offence on the charge sheet did not include the mode in which the alleged trafficking of drugs was carried out.
During the trial, the prosecution had alleged that on May 31, 2023, at Kisimiri Juu Village within Arumeru District, Arusha Region, Eliza was unlawfully trafficking 18 kilogrammes of cannabis sativa or bhangi, which is classified as a narcotic drug.
