<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">John Odongo Banaba (the appellant) was convicted by the Acting Resident Magistrate, Mombasa, on a charge of being in possession of cannabis sativa (bhang) contrary to section 10(c) of the Dangerous Drugs Act, and sentenced to three years imprisonment. The particulars of the charge alleged that on 6^th September, 1991, at 4.30 p.m. at Port Reitz in Mombasa, he was found in possession of 7 kg of bhang which was not in a form of medicinal preparation.</p><p class="ql-align-justify">Acting on information received, Corporal Immanuel Mwasi of Kilindini Anti-Narcotics Section and Chief Inspector Nicholas Kamwende of the Provincial C.I.D. Mombasa, raided a house at Port Reitz Corner. It was a Swahili type house and they found the appellant lying on a bed in one of the rooms. They carried out a search and under the bed on which the appellant was lying, they found half a sack of bhang. They arrested the appellant and carried away the bhang. In the same house, though not in this room where the appellant was…</p>