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(1978) JELR 69544 (HC)

High Court  •  30 Jan 1978  •  Ghana



ROGER KORSAH J.: The appellant stood trial on a charge of: possessing Indian hemp contrary to sections 47 (1) and 57 (1) of the Pharmacy and Drugs Act, 1961 (Act 64). The particulars of offence read:

“Hamidu Moro, Arabic teacher: for that you on 16 February 1976, at Mampong Circuit and within the jurisdiction of this court, had in your possession without lawful excuse a quantity of Indian hemp weighing 5,902.0 grammes.”

The facts upon which the prosecution relied for the establishment of their case were that: On 16 February 1976, one Daniel Akyaa, a police constable stationed at Atebubu, was travelling outside his station to Sunyani, when the vehicle on which he was travelling stopped at the Mobil filling station at Ejura. The driver and passengers alighted for refreshment and the said constable also came out and stood behind the vehicle. While he was thus standing, the accused person arrived holding what is variously described as a bag or portmanteau, but which all agree was reddish in…

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