Advocate Alex Mgongolwa, for the businessman, told Judge Ama Munisi that they have lost interests of pursuing the matter after being satisfied that their client was no longer under custody of the Immigration officers.
“We have come to our understanding that the Immigration Department has already granted bail to our client. Under the circumstances, we pray to withdraw this application,” pleaded the advocate.
The judge granted the withdraw application as there was no objection from the respondents. The respondents in the matter were Commissioner of Immigration Services, Dar es Salaam Regional Immigration Officer, Dar es Salaam Special Zone Police Commander and the Attorney General.
They were represented by Deputy Director of Public Prosecutions (DPP) Oswald Tibabyekomya. In earlier proceedings, the deputy DPP, armed with three counter affidavits from three offices of the respondents, had categorically denied that Manji was under their restraint.
The stance compelled Mr Mgongolwa, assisted by Hudson Ndusyepo to inquire more facts on the matter. Manji had filed an application for ‘habeas corpus’ claiming that his detention was illegal.
The businessman was arraigned before the Kisutu Resident Magistrate’s Court in Dar es Salaam on February 16, this year, charged with consumption of heroine, which is a narcotic drug.
Principal Resident Magistrate Cyprian Mkeha granted him bail subject to signing of a 10m/- bond. He was further required to secure one reliable surety who had also to sign the bond of similar amount.
After securing bail, Manji was sent to hospital for some medical treatments. But recently, his lawyers complained that their client was still under restraint of immigration officers.