Duo gets life sentence for trafficking in narcotic drugs

DAR ES SALAAM: THE High Court’s Economic and Organised Crime Division has sentenced two drug dealers, Hassan Aziz Mohamed and Hassani Shabani Hassani, to life imprisonment for trafficking in narcotic drugs, specifically heroin, weighing 983.5 grammes.

Judge Ephery Kisanya imposed the custodial sentence after convicting the duo for the offence committed on September 4, 2019, at Tegeta Pwani Nyaishozi in Kinondoni District, Dar es Salaam.

“I find Hassan Aziz Mohamed and Hassani Shabani Hassani guilty of trafficking in narcotic drugs and convict them. Consequently, the first convict, Hassan Aziz Mohamed, and the second convict, Hassani Shabani Hassani, are hereby sentenced to life imprisonment,” the judge declared.

Before sentencing, the two convicts presented mitigating factors, including being first-time offenders, their age, dependants, and the time they had spent in custody awaiting trial.

However, the judge pointed out that, according to Section 15(1)(a) and (3)(i) of the Drug Control and Enforcement Act, together with the proviso to Section 60(2) of the Economic and Organised Crime Control Act (as amended), the law mandates a life sentence for drug trafficking.

“In light of the mandatory provision, and despite the mitigating factors presented by the defence regarding the convicts being first-time offenders, their age, dependants, and the time spent in custody while awaiting trial, I have no discretion but to impose the sentence as prescribed by law,” Judge Kisanya stated.

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During the trial, the prosecution called six witnesses and presented ten exhibits to prove the charges against the accused.

The convicts offered their own defence, supported by one independent witness. The two convicts were initially charged alongside a third person, William Sebastian Daraja, a boda boda rider. However, after analysing the evidence, the court found Daraja not guilty and acquitted him.

Judge Kisanya concluded that Hassan Aziz Mohamed and Hassani Shabani Hassani were linked to the possession of narcotic drugs, which were later identified as heroin.

In contrast, the evidence linking William Sebastian Daraja to the drugs, found in the possession of his passenger, was deemed insufficient and failed to establish a solid connection.

On the evening of September 4, 2019, a senior police officer, leading a patrol team from the Drug Control and Enforcement Authority (DCEA), was on routine patrol in Kinondoni District to locate individuals involved in drug trafficking.

The officer received a phone call from an informant about a suspected narcotics transaction set to take place at Tegeta Nyaishozi.

The officer immediately informed his team and reported the matter to his supervisor, who instructed him to proceed to the scene.

The officer met with the informant, who guided the team to the location. Upon arrival, the officers discreetly took up positions.

Shortly afterward, a man identified as Hassan Aziz, the first accused, arrived at the scene, and the informant confirmed him as one of the individuals involved in the narcotics transaction. Not long after, a motorcycle (boda boda) with two passengers arrived.

The driver was later identified as William Sebastian Daraja, the third accused, and the passenger was identified as Hassani Shabani, the second accused, who was seen handing over a green bag to Hassan Aziz.

At that moment, the police team moved swiftly and apprehended all three suspects at the scene. Another motorcycle soon arrived but fled after spotting the officers.