HASSAN V. THE STATE

OLLENNU J.S.C.

The appellant was convicted in the Circuit Court, Accra; the trial was with the aid of assessors. The information charged him with possessing Indian hemp contrary to sections 47 (1) and 57 of the Pharmacy and Drugs Act, 1961. Particulars of the offence were set out as follows:

“Fatayi Hassan on the 20th day of January, 1961, in Accra in the Eastern Region was in possession of 800 grammes of Indian Hemp.”

Section 47 (1) of the Pharmacy and Drugs Act, 1961, under which the charge is laid reads:

“No person shall have in his possession without lawful excuse (proof of which shall be on him) any opium or Indian hemp which is prepared for smoking or any residue from the smoking of opium or Indian hemp.”

Section 57 prescribes the punishment for an offence under the Act.

Under the said section 47 (1) of the Act, possession of Indian hemp simpliciter is no offence, it only becomes an offence if the Indian hemp has been prepared for smoking or is any residue from the smoking of Indian…