This is an application for bail pending trial, upon which the Applicant is charged with the offence of being found in unlawful possession of narcotic drugs. The Respondent Republic has resisted the application on one ground only, contained in paragraph 3 of the counter affidavit of Prosper A. Mwangomila, learned State Attorney. The Respondent asserts that bail cannot be granted to the Applicant because the offence with which he is charged is not bailable, as the value of the drugs is more than Tshs. 10 million. Attached to the Respondent’s counter affidavit is a copy of the report of the Commissioner for Drugs Control which certifies the drugs’ value as Tshs. 93,166,500. At the hearing of the application, the Applicant’s counsel submitted that the charge sheet is defective because it has been signed by a state attorney and not a public prosecutor. Moreover, counsel disputed the certificate of value on the ground that the hat the certificate says nothing about other substances found in the specimen and that the same is not filed with other documents, such as the certifier’s CV, an analysis and the methodology used in arriving at the stated value.

