LANQUAYE vs. THE REPUBLIC [1975]DLHC401

Date	1975-12-15
Suit No.
Citation No.	[1975]DLHC401

TAYLOR J.

P. A. ADJETEY FOR THE APPELLANT.

FLORENCE OKINE ASSISTANT STATE ATTORNEY FOR THE REPUBLIC.

[1975]DLHC401
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													<main id="main" class="content" style="min-height: 60rem" >LANQUAYE<o:p></o:p>&nbsp;vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>&nbsp;[HIGH
COURT, ACCRA]<o:p></o:p>[1976] 1 GLR 1<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
15 DECEMBER 1975.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

P. A. ADJETEY FOR THE APPELLANT.<o:p></o:p>

FLORENCE OKINE, ASSISTANT STATE ATTORNEY, FOR THE
REPUBLIC.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

TAYLOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.<o:p></o:p>The
appellant in this case was arraigned before the circuit court on two counts.
The first count is “possessing Indian hemp contrary to sections 47 (1) and 57
of the Pharmacy and Drugs Act, 1961 (Act 64),” and the second count is
“cultivating Indian hemp contrary to sections 49 and 57 of the same Act.” The
particulars of the first count are as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Dauda
Lanquaye on or about 30 November 1972, at Ayikai Dobroh village near Accra in
the Eastern Circuit and within the jurisdiction of this court without lawful
excuse had in his possession Indian hemp.”<o:p></o:p><o:p>&nbsp;</o:p>The
particulars of the second count are as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Dauda
Lanquaye on or about 30 November 1972, at Ayikai Dobroh village near Accra in
the Eastern Circuit and within the jurisdiction of this court without written
consent of the Minister cultivated plants from which narcotic drug can be
extracted, namely, Indian hemp.”<o:p></o:p><o:p>&nbsp;</o:p>He was
convicted of these charges and sentenced to a term of four years’ imprisonment
with hard labour on each count, the sentences to run concurrently. It is against
the convictions and sentences that the appellant appeals to this court.<o:p></o:p>The facts
which the prosecution tried to lead in evidence through both witnesses, the
first and second prosecution witnesses, all police officers, are that at dawn
on 30 November 1972, upon information received, nine policemen and five
soldiers armed with automatic rifles and pistols moved in on the village of
Ayikai Dobroh to search the village for Indian hemp on a search warrant. They
saw the chief of the village, told him of their mission and he permitted them
to search the village and deputed two persons, Joshua Odartey Lamptey and
Lartey Kwame as his representatives to accompany the search party. At a house
in the village the first prosecution witness, a detective sergeant and a member
of the search party found the appellant and his mother and he saw one basket
and one carton containing dried leaves which he suspected to be Indian hemp.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant and his mother were questioned by him, but they would not answer any
questions; he, therefore, called the second prosecution witness a sergeant
major and in the presence of the said sergeant major on further questioning the
appellant claimed ownership of the basket and the carton containing the leaves
and voluntarily offered to take the search party to his farm from where he
collected the Indian hemp. He was taken to the farm by the search party in the
company of the chief and a photographer. There the appellant pointed out a
one-and-a-half acre farm having green plants suspected to be Indian hemp. The
farm was photographed with the appellant in the photograph and the soldiers and
the police uprooted the green plants and put them in sacks and brought them to
the Criminal Investigations Department Headquarters in Accra and handed them over
to the third prosecution witness, the investigating officer. This was on 30
November 1972. On 11 December 1972 the said officer sent to the Government
Chemist three cartons of plant material, one kit bag of plant material and one
basket of plant material. These were analysed by the Government Chemist who
submitted a report on 9 January 1975 certifying that the plant material in all
the containers was Indian hemp.<o:p></o:p><o:p>&nbsp;</o:p>On 30
November 1972 when the appellant </main>