THE REPUBLIC vs. KWABENA GYASI

It is provided under section (2) 1 of the NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) ACT, 1990 PNDCL 236 as follows: " 2 (1) A person who, without lawful authority, the proof of which lies on that person, has possession or control of a narcotic drug commits an offence." The accused person before me was charged under this law as follows: STATEMENT OF OFFENCE POSSESSING NARCOTIC DRUGS WITHOUT LAWFUL AUTHORITY: SECTION 2 C) OF NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTION) ACT, 1990 PNDCL 236. PARTICULARS OF OFFENCE KWABENA GYASI: AGED 27:- For that you on the 29th day of June, 2014 at Agona in the Ashanti Region and within the jurisdiction of this Court without lawful authority, did have in your possession Fourteen (14) pieces of compressed dried leaves and quantity of seeds all suspected to be a narcotic drug. He pleaded not guilty to the charge and is now standing trial. A summary of the facts are that whilst the police were conducting a search in the accused p...