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Unlawful possession of classified drugs attracts a fine not exceeding sh2m or five years in jail
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A 41-year-old man has been charged with unlawful possession of 450 tins of antiretroviral drugs (ARVs) used for treating HIV-infected patients and has been remanded to Luzira prison.
Paul Bwambale appeared before the Makindye-based Chief Magistrate’s Court of Standards, Utilities, and Wildlife, presided over by Chief Magistrate Gladys Kamasanyu on July 16.
Bwambale, a Mukonzo by tribe and resident of Acholi Quarters in Nyamwamba Division, Kasese Municipality, denied the charges and is currently on remand in Luzira prison.
He is facing two charges: unlawful possession of classified drugs, contrary to Section 27 (2) of the National Drugs Policy and Authority Act, and unlawful possession of government stores, contrary to Section 316 (2) and Section 22 of the Penal Code Act.
The offense of unlawful possession of classified drugs attracts a fine not exceeding sh2m or five years in jail, or both. On the other hand, the offense of being in possession of government stores is a misdemeanor that attracts a less severe sentence, such as a fine or community service.
Through his lawyer, Gordon Kifudde, Bwambale applied for bail, asserting that bail is a constitutional right and that he will not abscond from trial if granted bail.
However, prosecution led by Senior State Attorney Judith Nyamwiza opposed the bail application, stating that the trial has already commenced and that they are ready to conclude the proceedings as soon as possible.
"Your Honour, so far, four witnesses have testified, and there are only two witnesses remaining to testify before the prosecution closes its case. Granting bail to the accused is likely to cause delays in the trial. Additionally, there is a concern that the accused may interfere with the remaining witnesses," Nyamwiza argued. She further told the court to consider the nature of the drugs allegedly found in the possession of the accused. "While the accused is presumed innocent, we must consider the destination and purpose of the drugs in question," Nyamwiza said.
But lawyer Kifudde emphasized that the accused is still presumed innocent, and he cannot be confined in jail based on mere suspicion. He said it would be unjust to condemn the accused before a verdict of guilty is reached. After listening to both sides, Kamasanyu expressed her inability to grant the accused bail, citing a high risk of flight. She emphasized the need to expedite the trial.
Dolutegravir, Tenofovir Fumarate tablets
Prosecution’s Case
It is alleged that Bwambale, on April 18, 2024, at Kidodo Village Railway Ward within Kasese Municipality, Kasese District, was found in possession of Dolutegravir, Tenofovir Fumarate Class B, drugs controlled under Section 27(2) of the National Drugs Policy and Authority Act.
In the second count, it is purported that on the same date and in the same area, Bwambale was found in possession of 450 tins of Dolutegravir, Tenofovir Fumarate 50 milligrams, batch numbers GK 30505 and GK305151, marked ‘Government of Uganda not for sale’ under the control of the Ministry of Health. Prosecution alleges that the drugs were stolen or unlawfully obtained from the government stores.
