Anterkyi J. Before the trial at the Circuit Court, Ho, the appellants had been charged separately on one charge sheet under paragraph 6 (a) of the Fruit Industry Decree, 1969 (N.L.C.D. 356), and regulation 3 of the Fruit Industry (Coffee) Regulations, 1970 (L.I. 644), for that each "on or about 3 March 1972 in Ashanti-Kpoeta bush in the Volta Circuit and within the jurisdiction of this court did unlawfully attempt to export one head load of coffee to the Republic of Togo." Upon pleading not guilty, they were at the end of the hearing found guilty and convicted on each respective charge. Each appellant was fined N¢200.00 or six months' imprisonment with hard labour.
The evidence for the prosecution at the trial circuit court was as follows: The prosecution's first witness (Sergeant Bukari Moshie) and the prosecution’s second witness (Corporal Solomon Sackey), both of them stationed at Ashanti-Kpoeta on 3 March 1972, were on patrol duty that day at the Ashanti-Kpoeta Area No. 1 bush. The…