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R. v. Mohamed bin Ali alias Mohamed, Crim. Rev. 25-Z-66, 23/11/66, Kimicha Ag. C. J.
The accused was convicted on four counts of obtaining money by false pretences, c/s 275 of the Penal Decree. In each instance he obtained Shs. -/50 (50 cents), or a total of Shs. 2/-. Upon arrest, the accused was found with Shs. 2/40 on his person. The trial magistrate ordered the wrongly obtained money to be refunded to its owners, with the unaccounted-for Shs. -/40 (40 cents) forfeited to the Government.
Held: It was neither proven nor alleged that the Shs. -/40 found in the possession of the accused was unlawfully acquired; therefore the order that it be forfeited to the Government was illegal. Forfeiture order set aside; money ordered refunded to the accused.
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