OLLENNU J.A.: The respondent was convicted by the District Court, Kumasi, on 4 September 1965, of the offence of possessing dangerous drugs, contrary to section 29 of the Pharmacy and Drugs Act, 1961 (Act 64), as amended by the Pharmacy and Drugs (Amendment) Act, 1963 (Act 222), and was sentenced to four months’ imprisonment with hard labour and the drugs in question were confiscated. Against that conviction, he appealed to the High Court, Kumasi; the High Court allowed his appeal, set aside the conviction and sentence and the order for confiscation, and thereupon acquitted and discharged him. Dissatisfied with the judgment of the High Court, the prosecution appealed to this court on five original grounds, namely:
“(1) The learned High Court judge erred in holding that section 29 of the Pharmacy and Drugs Act, 1961 (Act 64), as amended by Act 222 does not create an absolute prohibition.
(2) His lordship erred in holding that the trial district magistrate, by equating lawful authority …