Online Reporter
Danisa Masuku, [email protected]
A Bulawayo woman who was allegedly caught selling dagga and Benylin cough syrup with a combined street value of ZWG111,650 has been acquitted.
At the conclusion of the trial, Bulawayo Regional Magistrate Mr Taurayi Manuwere found Ms Tracy Papayi (30) not guilty and discharged her at the close of the State case.
Ms Papayi had faced charges stemming from the unlawful possession of dangerous drugs, as defined in Section 157(1)(a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), and the unlawful possession of prescription preparations, in contravention of Section 73(1)(a) of the same Act.
She was represented by her lawyer, Mr Goodluck Katenaire of Katenaire-Mbeure Law Chambers.
In acquitting Papayi, the magistrate noted that the alleged cough syrup she was caught carrying had not been scientifically examined for verification, and that the State witnesses had given conflicting statements.
“One of the witnesses told the court that the accused was arrested while carrying a carrier bag containing cough syrup, while another witness told the court that the carrier bag with the cough syrup was found at her home.
Moreover, the exhibits presented in court were not recorded in the Form 390, which prompted the investigating officer to produce another Form 390 to give to the accused,” he said.
The magistrate further stated that the owner of the house where the exhibits were allegedly found had not been established, and the other occupants who were present at the property had not been identified.
Prosecuting, Mr Owen Mugari told the court that on 3 February, shortly after 4 pm, detectives from the ZRP Drugs and Narcotics section received a tip-off that Ms Papayi was peddling drugs in Bulawayo’s city centre.
“The detectives proceeded to the location and found the accused seated on a container. They searched her and recovered 253 sachets of dagga, leading to her arrest,” said Mr Mugari.
The recovered dagga was taken to the Bulawayo Main Post Office, where it was weighed and recorded at 1.9 kilogrammes.
On the following day, detectives allegedly received another tip-off that Ms Papayi was selling Benylin cough syrup from her home. They proceeded to her residence and searched her bedroom, where they recovered 31 bottles of 100ml Benylin cough syrup. The bottles were examined by a pharmacist, and it was established that they contained 10 milligrammes of codeine phosphate.
“The recovered syrup has a street value of ZWG54,000. The accused did not have a licence or a permit to possess prescription preparation medicine,” said the prosecutor.
Bunjiwe Mkwananzi