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THE REPUBLIC V. PHILIP NYARKO

(2015) JELR 67792 (HC)

High Court  •  CASE NO.155/15  •  8 May 2015  •  Ghana

Coram
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Judgement

Standing trial before this court on a charge of possessing narcotic drug without authority is a 22 year old male adult. Specifically, he has been charged under Section 2(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990 PNDC law 236 which states:

Section 2 Prohibition on possession of narcotic drugs

"(1) A person who, without lawful authority, the proof of which lies on that person, has possession or control of a narcotic drug commits an offence."

A summary of the facts of this case are that the accused was arrested for stealing and was detained at the Suame Police Station. Police intelligence revealed that the accused was dealing in narcotic drugs. The accused was escorted by the complainants who are police personnel, to his room at Suame. Upon a careful search, 15 wraps of cannabis, some compressed cannabis in a brown paper and GH¢ 6.00 were found hidden in a wardrobe wrapped in a violet polythene bag. During investigations, accused admitted ownership of the cannab…

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