( The National Supreme Court )

Judges:

President

 Hon Justice: Umbali Babkier Ahmed         Supreme Court Judge

Member

 Hon Justice: Hassan Ahmed Omer              Supreme Court Judge

Member

 Hon Justice: Mutassim Taj Elsir Ahmed   Supreme Court Judge

Parties:

Sudan Goverment. (Vs)  Z. A. A. J.

SC/MCI/life/15/2019

Drug and Psychotropic substances Act (1994 / S . 15 (1) (a) – Extent of responsibility in possession and acquisition offenses – proof of accused also relationship the narcotic .

Drug and psychotropic substances Act 1994-s . 15 (1) (a) – dealing intention – realised by possession of large quantity of the drug .

Ratio: :

1- The charge of responsibility in possession and acquisition offenses is by proof of the relationship of accused to the drug either directly or by mediation in any way.

2-  Seizure of the drug inside accused bag and his admission that the key is in his possession is proof of his actual possession.

3- The possession of accused was with the intention of dealing as appears form the quantity of the drug.

Editors note:

      Acquisition has been established by the finding of the drug inside the bag of the accused whilst possession is established by having the key and the bag with him and therefore he was in both actual and constructive control of the drug.

Judgement

Judge: Mutassim Taj Elsir Ahmed

Date: 8/11/2018

      The a non-summary trial the Damazin special criminal court convicted accused Ander S. 15(1)(a) of the drug and psychotropic substances Act 1994 and sentenced him to life imprisonment (20 years) starting from 22/5/2018 and to 40 thousand pounds fine in default of which imprisonment for two years to run consecutively with the first one and ordered destruction of the exhibits and referring the case to the supreme court for confirmation or otherwise.

          According to s.181 of the criminal procedure Act (1991) we deal with the matter as follows:

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Firstly:      

The facts: 

         Information was received that certain persons are promoting and dealing in Hashish inside the Emergency and operation camp at Damazin. By search 58 Hashish heads were found inside accused bag and by examination he admitted ownership of the bag but denied any relationship with the hashish.

The court heard the case and issued the aforementioned judgment.

        Is hashish a narcotic substance?

The Sudanese Standards and Metrology Organization decided that the 58 heads weight 657.3 grams of hashish and hence we decide that it is anarcotic substance.

   Has the hashish been found the possession of accused?

      Accused admitted owner ship of the bag and possession of the key to it. We agree with the court as to the possession of accused to the hashish as the extent of responsibility is proof of the relationship of accused to the hashish either directly or by mediation. Has this possession been for dealing or for personal use?

    We agree with the court that the purpose behind possession was dealing rather than personal use as the criterion is the quantity, and therefore the conviction is correct .

  As fore the punishment of imprisonment for life we confirm it since it is the punishment prescribed by law but we reduce  the fine to ten thousand pounds to be levied under S. 198 CPA and confirm the other orders .

Judge: Umbali Babkier Ahmed     

Date: 12/11/2018

I concur.

Judge: Hassan Ahmed Omer

Date: 16/11/2018

I concur.

The Final Order:

1- We confirm finding of conviction and sentence of life imprisonment.

2- We reduce the fine to ten thousands and pounds to be levied according to S. 198 CPA.

3- We confirm the other accompanying orders

Umbali Babkier Ahmed

      Judge of the supreme Court

President of the Circuit

16/11/2018