R. v. Sesariu s/o Mwavela, Crim. Rev. 109-D-67, Saidi J.
Accused was detained, under the terms of Crim. Proc. Code s. 24, when he was found in possession of a bicycle which it was reasonably suspected that he had obtained unlawfully. It was found in accused ’s house during a proper search for certain stolen goods, unrelated to this case, which it was suspected that accused had taken. He was convicted under P.C. s. 312.
Held: Section 312 cannot apply to a case where the property suspected of being stolen or unlawfully obtained has not been conveyed by the accused, or where the accused was not in the process of a journey at the time he was found in possession of such property. In R. v. Msengi s/o Abdullah 1 T.L.R. (R) 107 (a full Bench decision), the Court stated that this section “has no application in the case of a person having in his possession in a building property suspected of having in his possession in a building property suspected of having been stolen or unlawfully obtained. I does so apply if the possession was in a building in the course of a journey ………… It is clear, however, that the section will not apply, for example, to property found in a building solely as the result of the execution of a search warrant or other similar process.”
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