DICKSON KWADWO MANU
V.
THE REPUBLIC

(2012) JELR 65775 (CA)    
Court of Appeal  ·  NO: H2/01/2012 ·  27 Apr 2012 ·  Ghana
CORAM
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Core Terms Beta
appellant
counsel
court
reasons
indian hemp
reasonable doubt
accused person
appeal
maame korkor
sentence
appellate court
burden of proof
knowledge of the nature
trial court
decision of the supreme court
grounds of appeal
interest of justice
lawful authority
narcotic drugs
regional tribunal
supreme court
trial judge
bonsu alias benjilo vrs
case of the defense
case of this nature
charge caution statement
counsel buttress
criminal appeal case no
criminal matter
drug law enforcements unit
essential elements of a charge
fact of the said maame korkor
following grounds
justice irene c danquah ja
learned counsel
light of the circumstances of the case
patrol duty
physical possession of the drugs
police officers
possession of narcotic drugs
possession of the said bags
prosecution witnesses
scintilla of evidence
similar earlier decision of the supreme court
supreme court’s decision
supreme courts decision

JUSTICE IRENE C DANQUAH JA

On 22nd July 2003, at Asafo in Kumasi, Policemen on patrol duty were informed that a man was off loading what was suspected to be Indian hemp. The Police rushed to the spot and found the accused sitting with some sacks in front of him. There were fifteen sacks in all. The accused explained that he was transporting the sacks from Badu in the Brong-Ahafo Region to Accra.

The Police took the accused and the sacks to the Drug Law Enforcements Unit where the sacks were opened and found to contain charcoal and leaves suspected to be Indian hemp. The leaves were sent to the forensic laboratory which certified the leaves to be positive for cannabis. In his charge caution statement, he denied the offence. He claimed he was taking the charcoal to one Maame Korkor. The accused person was arraigned before the Regional Tribunal, Kumasi and charged as follows:

Statement of Offence

Possessing Narcotic drug without authority: Section 2 (1) of PNDC Law 236/90.

Particulars of Offe…

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