KCC 319/2001

This case involved the validity of an arrest in a drugs case.

Background

The office of public prosecution said in its grounds of appeal the the ruling by which two convicted people were acquitted from possessing drugs for taking purposes had erred in the application of law and had insufficient evidence of causation. The office said that the court had established its ruling on the grounds that flagrancy status did not exist in the incident. The office said that the two people had been in a suspicious situation at the time of arrest which meant that flagrancy existed. The office said that the report of the criminal laboratory later proved the existence of drugs in the appellants' blood.

Decision