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Hussein Salim v. Republic

(1980) JELR 105203 (CA)

Court of Appeal  •  Criminal Appeal 51 of 1980  •  24 Oct 1980  •  Kenya

Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter



The appellant was convicted by the Resident Magistrate at Mombasa of being in possession of cannabis sativa (bhang) contrary to section 10(e) of the Dangerous Drugs Act. He appealed to the High Court and his appeal was dismissed.

On the concurrent findings arrived at by the courts below, it was the appellant who led the police to a room in a house, who opened the door and who, from under the bed in the room, pulled out a box and a plastic container which between them contained some 19 kilograms of bhang.

Both courts below were satisfied that this evidence was sufficient to show possession of the bhang on the part of the appellant.

Mr Mbogholi Msagha has made it his main ground of appeal that the evidence accepted by the courts below did not justify a finding of possession in law, and he relied on Biharusi d/o Ruanda v. R [1959] EA 696, in which the question of possession of diamonds in relation to the Diamond Industry Protection Ordinance of Tanganyika was considered…

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