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ITALO GERVASIO ROSERO CASTILLO
V.
THE REPUBLIC

(2017) JELR 64933 (CA)

Court of Appeal 6 Apr 2017 Ghana
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- Appellant Italo Gervasio Rosero Castillo (A2) was convicted, along with two co-accused, of conspiracy to import narcotic drugs, importation of narcotic drugs without lawful authority, and conspiracy to possess narcotic drugs, contrary to

Case Details

Suit Number:CIVIL APPEAL NO: H1/141/2016
Judges:KUSI-APPIAH (J.A). – PRESIDING, KORBIEH (J.A.),AGYEMANG (J.A.)
Counsel:MR. AUGUSTINE OBOUR FOR THE APPELLANT,MR. K. ASIAMA-SAMPONG (CHIEF STATE ATTORNEY) FOR THE RESPONDENT

JUDGMENT

KUSI-APPIAH, ( J.A.):

The appellant ITALO GERVASIO ROSERO CASTILLO was charged and tried jointly with two others, i.e. JOEL MEJIA DUARTE MOISES (A1) and VASQUEZ GERARDO DUARTE DAVID (A3) at large on three counts:

1. Conspiracy to import Narcotic Drugs without license issued by the Minister of Health contrary to Section 23(1) of Act 29/60 and Section 1(1) of PNDCL 236

2. Importation of Narcotic Drugs without lawful authority contrary to Section 1(1) of the Narcotic Drugs (Control Enforcement and Sanctions) Act, 1990, PNDCL 236.

3. Conspiracy to commit crime namely possessing Narcotic Drugs contrary to Section 23(1) of the Criminal Code, Act 29, 1960 and Section 2 of PNDCL 236.

The facts of the case as can be gleaned from the evidence are simply stated that: Acting on a tip-off, a team of police detectives from the C.I.D. Headquarters on 24th November, 2005, led by Superindent Edward Tabiri (PW1) went to H/No. 348 at Mempeasem near Legon and condoned it off. They gained entry into th…

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