The Appellant was an employee of Karim Halji who traded under a business name Saldina Investments. The mixed trade under the wholesale business included sale of bicycles, spares parts, food items, cigarettes, variety of soaps and other general sundry. The Appellant was assigned duties in the store and at the counter. All purchases from the shop had to be made at the counter. They were alleged to have conspired to steal a variety of commodities sold in the shop of Saldina Investment and also committing the theft. The trial court convicted all accused as charged. They were sentenced to seven years’ imprisonment for the first count of conspiracy to steal and ten years’ imprisonment for the offence of theft. The trial court in addition made an order for compensation.
Their first appeal to the High Court was successful in respect of the other accused persons jointly charged with the Appellant. For the Appellant, his appeal succeeded in the offence of conspiracy. His conviction for the offence of theft and the order of compensation was sustained. The High Court also revised the sentence of ten years’ imprisonment that was imposed by the trial court for the offence of theft for illegality as the maximum penalty prescribed by the law for the offence is seven years. He reduced it to six years. Still aggrieved the Appellant has now filed a second appeal to the Court. His four grounds of appeal only challenge the legality of the confiscation of his shop items and the money which were tendered in court as exhibits and upheld by the first court on appeal.