The Appellant was charged of three counts of trafficking
narcotic drugs contrary to section 16 (1) (b) of the Drugs and Prevention of
Illicit and Traffic in Drugs Act [Cap. 95 R.E. 2002] at the Resident Magistrate’s
Court of Dar es Salaam at Kisutu. As the offence was not triable by a
subordinate court, the applicant unsuccessfully, filed an application for bail
in the High Court under section 148 (3) and 148 (5) (a) (iii) of the Criminal
Procedure Act [Cap. 20 RE 2002], hence, this appeal. The issue before the court
was whether or not the High Court was wrong to have denied bail to the
Appellant.