Arusha. The High Court, Corruption and Economic Crimes Division, has acquitted Tajiri Dibwa, who was charged with transporting 109.28 kilogrammes of cannabis, citing major procedural irregularities in the prosecution’s case.
Delivering judgment on April 2, 2026, Judge Sedekia Kisanya ruled that the prosecution had failed to prove the charge beyond reasonable doubt, pointing to a broken chain of custody of exhibits and inconsistencies in witness testimonies.
The prosecution had alleged that on May 17, 2025, at Minzani Sanzale area in Bagamoyo District, Coast Region, the accused was found unlawfully transporting the narcotic drugs.
According to court records, the case stemmed from a road accident involving the accused, who was driving a Toyota Premio (registration number T 947 DWL), and a Howo lorry (registration number T 327 DYT) attached to trailer T 137 DUY, driven by Ibrahim Nyange.
It was alleged that seven fertiliser sacks containing dried plant material were recovered from the accused’s vehicle and later confirmed by the Government Chemist Laboratory Authority (GCLA) to be cannabis weighing 109.28 kilogrammes.
During the trial, the prosecution presented nine witnesses and seven exhibits, detailing how the suspected drugs were discovered, seized and later analysed.
However, the court noted inconsistencies in how the exhibits were discovered. While some witnesses claimed the sacks were visible from outside the vehicle, others testified that they were found after the accused opened the boot and doors.
“These contradictions weaken the credibility of the prosecution’s case,” Judge Kisanya said.
The court also found gaps in the handling of exhibits, noting that there was no clear account of who had custody of the items from the time they were seized until they were presented in court.
“The absence of a complete chain of custody raises serious doubts about the integrity of the exhibits,” the judge added.
In his defence, the accused told the court that he was returning from collecting traditional medicine for his sick child when the accident occurred after his vehicle’s brakes failed.
He further claimed he was later arrested following a dispute over compensation with the lorry driver and was made to sign blank documents while in custody, which he was told related to a traffic offence.
He also challenged the prosecution’s evidence, arguing that the exhibits presented in court lacked proper identification marks and, in some cases, bore markings linked to a different case.
Judge Kisanya emphasised that in criminal proceedings, the burden of proof lies with the prosecution and must be discharged beyond reasonable doubt.
“Where doubt exists, it must be resolved in favour of the accused,” he said.
The court rulled that the prosecution had failed to establish that the accused transported the drugs or that they were found in his vehicle beyond reasonable doubt.
The judge acquitted the accused and ordered his immediate release, unless held on other lawful grounds. The court also directed that the seized vehicle be returned to him.
