Former constable of police who was arrested in May 2020 transporting 208 kilograms of bhangi has been jailed for 20 years after the High Court found him guilty of trafficking in the illicit drugs.
Emmanuel Manase Mkumbwa was arrested by a team of fellow police officers along Msata-Bagamoyo road following a tip off that the car he was driving was carrying 12 bags of marijuana.
He was fired from the force and later charged with, among other offences, trafficking in narcotic drugs against section 15 (1) (a) of the Drugs Control and Enforcement Act.Before the sentence was read, the former police officer unsuccessfully pleaded, during mitigation, for a lenient sentence since he was the breadwinner for his family, including his aging mother.
“Since the convict is the first offender whose family and parents depends on, but also having in mind that narcotic drugs pose great danger to the society, I hereby sentence F.8668 Emmanuel Mkumbwa to serve 20 years in jail,” said Judge Godfrey Isaya of the Corruption and Economic Crime Division of the High Court.
Prosecution had called nine witnesses and adduced in court eight exhibits, including certificate of seizure of the drugs, the Toyota Harrier, 12 bags of bhangi, results of laboratory test of the drugs and other items belonging the accused.
At the hearing of the case, PC Emmanuel strongly denied to have trafficked in the seized drugs.
He told the court that the charge against him was framed up by his boss at Vigwaza Police Station who had routinely accused him of arresting and taking his partners (wadau) in their business of transporting cooking oil to the Tanzania Revenue Authority (TRA).
He had also denied to have been arrested at the alleged scene of the crime, saying he was only informed of the offence and terminated from his job while at a police cell before he was taken to court.
The Judge also rejected claims by the accused that his boss was a person who had the interests to serve in his arrest.
“The question raised by the defence cannot hold water since PW4 (Emmanuel’s boss) was invited to witness the search while he was carrying on his own activities,” said the judge.
He added: “Having said that, I find strong evidence which proves that the dry leaves of cannabis sativa within twelve sulphate bags were retrieved from the accused person.”
“It is the finding of this court that the prosecution has managed to prove the case against the accused person to the hilt. Since the accused person was found in possession of the drugs in question in the course of conveying them from one point to another, his act amounts to trafficking drugs,” said the judge.
Source TC
