Lovers get life sentence for trafficking 129.86kgs of heroin
DAR ES SALAAM: THE High Court’s Corruption and Economic Crimes Division has sentenced three individuals, including two lovers, to life imprisonment for trafficking 129.86 kilogrammes of heroin, a narcotic drug.
Judge Ephery Kisanya delivered the sentence after convicting Said Mbasha, his partner Allu Murugwa, and Joseph Dalidali, alias Blessing, for the offense committed on March 3, 2021, in the Kijitonyama area of Kinondoni District, Dar es Salaam Region.
“I find the accused guilty of trafficking in narcotic drugs and convict them as charged under section 15(1)(a) and (3)(i) of the Drugs Control Enforcement Act, read together with paragraph 23 of the First Schedule to and sections 57(1) and 60(2) of the Economic and Organized Crime Control Act (EOCCA),” he ruled.
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During the trial, the prosecution presented nine witnesses and submitted 22 exhibits, while the defense consisted of testimony from the accused themselves. After carefully evaluating the evidence, the judge concluded that the prosecution had sufficiently proven its case beyond a reasonable doubt.
The defense failed to raise any substantial issues that cast doubt on the prosecution’s claims. “On the contrary, I find the prosecution’s witnesses to be consistent and credible. Furthermore, the chain of custody was properly maintained, and the essential elements of the offense have been established beyond a reasonable doubt against the three accused,” he stated.
Before reaching his conclusion, the judge weighed the mitigating arguments from the defense, which sought a more lenient sentence, against the aggravating factors presented by the prosecution.
He emphasized that, according to section 15(1)(a) of the Drug Control and Enforcement Act and section 60(2) of the EOCCA, trafficking in narcotic drugs carries a mandatory penalty of life imprisonment.
Considering the statutory obligations and the significant amount of heroin involved, the judge felt compelled to impose the mandatory sentence, despite the mitigating factors offered by the defense, including the accused’s age, dependents, health conditions, time already served in custody and their status as first-time offenders.
“As a result, the convicts, Said Kesi Mbasha, Joseph Abdallah Dalidali, alias Blessing, and Allu John Murugwa, are hereby sentenced to life imprisonment as per section 15(1)(a) of the DCEA and the proviso to section 60(2) of the EOCCA,” he declared.
The case details reveal that on March 2, 2021, officers from the Anti-Drugs Unit received information about Joseph Dalidali’s involvement in narcotic drug trafficking. Acting on this information, a team conducted surveillance and arrested him on March 3, 2021, while he was driving a Toyota Ractis to his residence.
Following his arrest, a search was conducted at his home, witnessed by a local government member from the Mbezi Beach A area. The search yielded cash amounting to 90,000, a passport, an iPhone 7, a Toyota Ractis vehicle and various documents, but no narcotic drugs were found.
During preliminary questioning, Dalidali admitted to dealing in narcotic drugs stored with his partner, Allu Murugwa, and led the team to her residence in Kijitonyama. Upon arrival, the team enlisted independent witnesses for the search.
During the search, two bags were discovered atop a wardrobe in the bedroom. The first, a pink bag, contained 22 packets of suspected narcotic drugs, while the second, a brown bag, held nine packets with similar contents.
These bags, along with two mobile phones, passports, ATM cards and other documents, were seized. During her preliminary interview, Murugwa indicated that the drugs had been brought to her home by her partner, Said Mbasha, who resides in Kinondoni.
