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…Retrial ordered. Cases No cases referred to. Statutes 1. Penal Code (cap 63) sections 140, 145(1) 2. Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…I direct that there be held a retrial of the appellant on the charge under Section 145(1) of the Penal Code. It is ordered accordingly.…

…I order a retrial to be held before another magistrate. For this purpose the appellant is to be released from prison custody forthwith and remanded at Changamwe Police Station.…

…In view of the fact that the appellant has already served about 6 months of the two years sentence imposed upon him by the learned trial magistrate, an order for retrial would not be appropriate.…

…I am satisfied that this is not a suitable case where a retrial can be considered because the drugs allegedly found with the appellant had not been submitted for examination before he was charged.…

…I am of the view that a retrial would not be fair or just to the prisoner who has since served about four years of her sentence and such a course would therefore be prejudicial to the prisoner.…