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GEORGE BONSU @ BENJILLO
V.
REPUBLIC

(1999) JELR 66325 (SC)

Supreme Court 22 Dec 1999 Ghana
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- The Supreme Court of Ghana affirmed that, under section 2(1) of the Narcotic Drugs (Control Enforcement and Sanctions) Law, 1990 (PNDCL 236), conviction for unlawful possession of narcotic drugs requires proof of both physical possession

Case Details

Suit Number:CRIMINAL APPEAL NO. 7/98
Judges:MRS. BAMFORD-ADDO J.S.C.(PRESIDING), AMPIAH J.S.C., KPEGAH J.S.C., ATUGUBA J.S.C., SARPONG J.S.C.
Counsel:MR. PETER ALA ADJETEY FOR THE APPELLANT. APPELLANT IN PERSON,MR. OSAFO SAMPONG CHIEF STATE ATTORNEY FOR RESPONDENT
Other Citations:[1999-2000] 1 GLR 199, (1999) JELR 68184 (SC)

JOYCE BAMFORD-ADDO, J.S.C.

This appeal arose out of the case of Sylvester Chuka Osunoh and four others including appellant who was 2nd Accused in the case. The charge sheet contains three Counts but the Count in respect of which appeal has been brought relates to Count 3 and reads as follows:

"Count Three

Statement of Offence

Possessing Narcotic Drug contrary to Section 2(1) of the Narcotic Drugs (Control Enforcement and Sanction) Law 1990 (PNDCL 236)

Particulars of Offence

Sylvester Chuka Osunoh, George Bonsu @ Benjillo, Henry Akoto, Gordon Amartey and Alexander Osunoh on the 27th March 1996 at Accra in the Greater Accra Circuit of the Republic of Ghana and within the jurisdiction of this Tribunal did have in your possession 417.0670 grammes of heroin a narcotic drug, without lawful authority.”

The facts are that on the 27th of March 1996 Gordon Amartey 4th Accused in the case and an administrative officer of the General Post Office, Accra collected an EMS parcel addressed to one Iddrisu Mo…

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