THE REPUBLIC
V.
MORO ISSAH

(2015) JELR 65762 (HC)    
High Court  ·  CASE NO.CC/05/15 ·  2 Jun 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
sule
indian hemp
circumstantial evidence
prosecution
evidence
republic
exhibit a
reasonable doubt
black polythene bag
lawful authority
narcotic drugs
accused person
exhibit
exhibit e
legal authority
physical possession
accused persons statements
basis of the foregoing
black polythene parcels of cannabis
burden of proof of the offence rests
cardinal principle of law
control of a narcotic drug
count of possession of narcotic drugs
court of appeal
criminal appeal j3/2/2009
criminal cases
criminal trial
cross-examination
direct evidence
drug law enforcement unit
earlier statement
evidence act
evidence of relevant facts
evidence shows
exhibit e.
exhibits b
guilt of the accused
knowledge of the nature
lead evidence
non-existence of a fact
particulars of the offence
plain clothes
rail line
said cannabis
scientific analysis
statement of the accused person
summary of the facts
supreme court
testimony of eye-witnesses
time of arrest

The accused person before me has been charged on one count of Possession of Narcotic Drugs Without lawful Authority, contrary to section 2(1) of PNDCL 236. The particulars of the offence are that on 29/05/2014, the accused had in his possession ten (10) black polythene parcels of cannabis with net weight of 818.3080 grams.

A summary of the facts which led to this case are that at about 3pm on 29/04/2014, the accused was arrested by members of Old Zongo Community Watch Committee at the Kumasi Central Market on suspicion of carrying narcotic drugs. When the complainants collected a black polythene bag which he was holding, it was found to contain ten (10) black parcels of dried leaves suspected to be cannabis. He was handed over to the Drug Law Enforcement Unit ( DLUE), Kumasi and after further investigations and on the advice of the Attorney General, he was charged with the offence.

This being a criminal trial, the burden of proof of the offence rests on the prosecution. Under sections 1…

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