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Man acquitted of dagga possession charges
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A 33-year-old man accused of possessing 53 sachets of dagga has been acquitted after a court ruled that there was insufficient evidence linking him to the drugs.
Western Commonage Magistrate Mr Archie Wochiwunga cleared Langton Mbanje of charges of possessing dangerous drugs, noting that the dagga allegedly found near his home was not recovered from his direct possession.
"The witness searched both Langton and his house, but nothing was recovered. The witnesses claimed they saw the accused hiding the dagga in a pot, yet no tool or weapon was recovered that he allegedly used to dig the pit," Mr Wochiwunga said.
The magistrate emphasized that the State had failed to prove its case beyond a reasonable doubt, and with no direct link to Mbanje, the charges were dismissed. "Furthermore, the witnesses failed to specify what he used to dig, creating uncertainty. Accordingly, the accused is found not guilty and acquitted," he ruled.
Mbanje, who pleaded not guilty, maintained that no dagga was ever found on him. "Why didn't the police officers arrest me immediately if they truly saw me digging a hole to hide dagga?" he questioned in court.
The State, represented by Mr Tafara Dzimbanhete, had alleged that on 13 June, detectives conducting surveillance in Cowdray Park received a tip-off that Mbanje was in possession of dagga near his home. The detectives claimed to have observed him burying a plastic bag in a pit before covering it with soil.
A subsequent search led to the recovery of a plastic bag containing 38 sachets of dagga and another 14 sachets found in an empty juice container. The substances, weighed at Bulawayo's Main Post Office, amounted to 207 grams with a street value of ZWG 5 796.
Western Commonage Magistrate Mr Archie Wochiwunga cleared Langton Mbanje of charges of possessing dangerous drugs, noting that the dagga allegedly found near his home was not recovered from his direct possession.
"The witness searched both Langton and his house, but nothing was recovered. The witnesses claimed they saw the accused hiding the dagga in a pot, yet no tool or weapon was recovered that he allegedly used to dig the pit," Mr Wochiwunga said.
Mbanje, who pleaded not guilty, maintained that no dagga was ever found on him. "Why didn't the police officers arrest me immediately if they truly saw me digging a hole to hide dagga?" he questioned in court.
The State, represented by Mr Tafara Dzimbanhete, had alleged that on 13 June, detectives conducting surveillance in Cowdray Park received a tip-off that Mbanje was in possession of dagga near his home. The detectives claimed to have observed him burying a plastic bag in a pit before covering it with soil.
A subsequent search led to the recovery of a plastic bag containing 38 sachets of dagga and another 14 sachets found in an empty juice container. The substances, weighed at Bulawayo's Main Post Office, amounted to 207 grams with a street value of ZWG 5 796.
Source - The Chronicle