KUSI-APPIAH, ( J.A.):
The appellant ITALO GERVASIO ROSERO CASTILLO was charged and tried jointly with two others, i.e. JOEL MEJIA DUARTE MOISES (A1) and VASQUEZ GERARDO DUARTE DAVID (A3) at large on three counts:
1. Conspiracy to import Narcotic Drugs without license issued by the Minister of Health contrary to Section 23(1) of Act 29/60 and Section 1(1) of PNDCL 236
2. Importation of Narcotic Drugs without lawful authority contrary to Section 1(1) of the Narcotic Drugs (Control Enforcement and Sanctions) Act, 1990, PNDCL 236.
3. Conspiracy to commit crime namely possessing Narcotic Drugs contrary to Section 23(1) of the Criminal Code, Act 29, 1960 and Section 2 of PNDCL 236.
The facts of the case as can be gleaned from the evidence are simply stated that: Acting on a tip-off, a team of police detectives from the C.I.D. Headquarters on 24th November, 2005, led by Superindent Edward Tabiri (PW1) went to H/No. 348 at Mempeasem near Legon and condoned it off. They gained entry into th…