[1962]DLSC1471 • November 30, 1962 • Supreme Court •
HASSAN vs. THE STATE
The appellant was charged with possession of 800 grammes of Indian hemp on 20th January 1961 under sections 47(1) and 57 of the Pharmacy and Drugs Act, 1961. Evidence showed the actual possession date was 28th October 1961. The appellant was found with a cardboard box containing dried leaves chemically identified as Indian hemp. The charge was laid under the Pharmacy and Drugs Act, which criminalizes possession only if the Indian hemp is prepared for smoking or is residue from smoking. Mere possession without such preparation is not an offence under the Act. Prior to 13th June 1961, possession was an offence under the Dangerous Drugs Ordinance, but this was repealed by the Pharmacy and Drugs Act.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The appellant was convicted in the Circuit Court, Accra; the trial was with the aid of assessors. The information charged him with possessing Indian hemp contrary to sections 47 (1) and 57 of the Pharmacy and Drugs Act, 1961.1(1) Particulars of the offence were set out as follows: “Fatayi Hassan on the 20th day of January, 1961, in Accra in the Eastern Region was in possession of 800 grammes of Indian Hemp.” Section 47 (1) of the Pharmacy and Drugs Act, 1961, under which the charge is laid reads: “No person shall have in his possession without lawful excuse (proof of which shall be on him) any opium or Indian hemp which is prepared for smoking or any residue from the smoking of opium or Indian hemp.” Section 57 prescribes the punishment for an offence under the Act. Under the said section 47 (1) of the Act, possession of Indian hemp simpliciter is no offence, it only becomes an of...