On the material date, the appellant is alleged to be seen carrying a luggage by the patrol officer, when he was asked to stop he ran. He was chased and eventually caught, arrested and searched where he was found in possession of four pieces of dried meat.
The case originated from Mpanda District Court where the appellant was charged with the offence of unlawful possession of government trophies. He was charged under ordinarily criminal case. The High Court quashed the decision, set aside the sentence and ordered to release the appellant from jail.
The appellant is appealing against the decision of the high court which upheld the decision of the Resident Magistrate Court on the ground that the consent of the Director of Public Prosecutions was not granted in terms of section 26(1) of the Economic and Organized Crime Control Act (CAP 200 R.E.
The Applicant was charged with unlawful possession of government trophies at Mpanda District court. He prayed for bail under section 29(4) of the Economic and Organised Crime Control Act Cap 200 RE 2002. The High Court granted the bail.
Applicants charged with the offence of unlawful possession of government trophies of which case was filed in the Resident Magistrates Court of Katave, at Mpanda. The High Court allowed the appeal and granted the bail.
The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy. Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court.
The three accused were caught in possession of what was alleged to be Thompson gazelle, on the contrary the accused states that they were found with goat meat and its skin. They were arrested and taken to court.
On 15th June, 2011, the appellants were caught in Rwashagi area within SENAPA in possession of one carcass of a zebra together with one knife, one spear, one bush knife and a motor cycle. They were accused to have hunted the animal.