72. The Court finds no reason to interfere with the findings of the domestic
courts. In the circumstances, the Court, therefore, dismisses the Applicants’
allegations.
C. Alleged violation due to the three (3) months delay in sending the seized
Cannabis Sativa to the government chemist
73. The Applicants submit that the Court of Appeal failed to consider why it took
more than three (3) months for the police to submit the impounded Cannabis
Sativa to the government chemist. According to the Applicants, this was
contrary to the Respondent State’s Drugs Act and led to a violation of their
rights.
*
74. The Respondent State points out that this issue was considered and
finalised by the Court of Appeal. According to the Respondent State, when
the Applicants’ counsel raised this matter before the Court of Appeal, it
recalled the evidence of PW7 before the trial court and endorsed the
explanation he had given as accounting for the delay in taking the drugs to
the government chemist. It submits that the delay in taking the drugs to the
chemist was due to transportation challenges since the whole impounded
lot had to be transported at once. It thus prays that the Court find that the
Applicants’ allegation lacks merit and should be dismissed.
***
75. The Court notes that the Applicants’ grievance relates to the time it took the
Respondent State to transport the impounded Cannabis Sativa from Tanga,
where it was stored, to the government chemist in Dar es Salaam.
76. The Court further notes that the question of the delay in transportation of
the Cannabis Sativa to Dar es Salaam arose during proceedings before the
Court of Appeal. According to the record, it took a total of three (3) months
before the seized Cannabis Sativa was sent to the government chemist.
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