JUDGMENT
HAYFRON J.
During this trial Detective Sergeant Emmanuel Agyekum of the Ghana Police Force stationed at Nkoranza sought to tender in evidence a gun. His evidence concerning the gun was, “This is the gun I took from Kofi Fofie. It has since been in my custody. I tender it in evidence." Mr. Yaw Manu took objection to the gun being admitted in evidence on the ground that the gun ought properly to have been kept in the custody of the court as required by section 182 (4) of the Criminal Procedure Code, 1960 (Act 30), which subsection reads:
“(4) The prosecution shall, unless the Court otherwise directs, deliver into the custody of the Court all documents and things which, according to the summary of evidence, are intended to be put in evidence at the trial.”
Mr. Ossei argued that whatever order was made in the committing court would be in the record of that court and that as the gun was mentioned as a prospective exhibit, it was to be implied that court ordered the contrary, and that…