THE REPUBLIC vs. GODSWAY DZOMATSI [2016]DLCA8551

Date	2016-02-18
Suit No.	CRIMINAL APPEAL SUIT NO: H2/13/15
Citation No.	[2016]DLCA8551

KANYOKE JA (PRESIDING)

ACQUAYE JA

DZAMEFE JA

MR. OLIVER ATSU ABADA FOR THE APELLANT

MARINA APPIAH-OPARE (MRS.) PSA FOR THE REPUBLIC

[2016]DLCA8551
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>GODSWAY DZOMATSI<o:p></o:p>(APPELLANT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CRIMINAL
APPEAL SUIT NO: H2/13/15&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 18TH
FEBRUARY, 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
OLIVER ATSU ABADA FOR THE APELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MARINA
APPIAH-OPARE (MRS.) PSA 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:0cm 0cm 1.0pt 0cm">

KANYOKE
JA (PRESIDING), ACQUAYE JA, DZAMEFE JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

JUDGMENT<o:p></o:p>

</div>DZAMEFE,
JA<o:p></o:p>The appellant
was charged with the offence of possessing narcotic drug without lawful authority;
contrary to Section 2(1) of the Narcotic Drugs (Control, Enforcement and
Sanctions) Law 1990 PNDC L236.<o:p></o:p>The
particulars are that the appellant on or about the 15th of March
2012 at Wlitey Customs &amp; Excise check point near Akatsi in the Volta Region
and within the jurisdiction of the High Court, did have in his possession
eleven (11) slabs and a small parcel of compressed dried leaves suspected to be
cannabis sativa, a narcotic drug without lawful authority. The quantity was
9,403 grams.<o:p></o:p><o:p>&nbsp;</o:p>Facts<o:p></o:p>The
facts as given by Prosecution are that the accused is a computer technician
resident at Kpando in the Volta region.&nbsp;
On 15/03/12, officials of Customs Division of the Ghana Revenue
Authority (GRA) intercepted an Opel saloon private car loaded with passengers
at Wlitey on the Tadzewu-Akatsi motor road.&nbsp;
A search conducted in the vehicle which was travelling from Dzodze to
Akatsi led to the discovery of a “Ghana Must Go” bag containing eleven (11)
slabs and a small parcel of compressed dried leaves suspected to be cannabis
sativa, a narcotic drug.&nbsp; The accused who
was one of the passengers claimed ownership of the bag. He was arrested and
handed over to the Narcotics Control Board (NACOB) for investigation.&nbsp; Accused told NACOB investigators that the bag
was given to him in Kpando by one Joe alias Kelli to be delivered to an unknown
person at Akatsi.&nbsp; Accused was escorted
to Kpando but he could not assist in arresting the said Joe alias Kelli as he
could not identify his house.&nbsp; Enquiries
in Kpando revealed that the last time Joe, who is not a native, was seen in the
town was in year 2000.&nbsp; The exhibit substance
was forwarded to the Ghana Standards Authority (GSA) for analytical examination
and report.<o:p></o:p>Prosecution
to make its case called three witnesses. Messers Michael Gaogli and Jerryking
Boakye, both officials of CEP and Samuel Amankwa the police investigator.<o:p></o:p><o:p>&nbsp;</o:p>Prosecution’s
case simply was that on 15th March 2012 at a custom check point at
Wlitey, between Akatsi and Dzodze a taxi was stopped and inspected.&nbsp; A “Ghana must go” bag was found in the booth
containing 11 slabs of Indian hemp which the appellant claimed to be his.&nbsp; He was arrested and he told them the bag and
the contents were given him by one Joe at the Kpando lorry park to be given to
someone in Akatsi.&nbsp; He was handed over to
Nacob and after all investigations was charge with the offence.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant in his defence said he is a computer technician living in
Kpando.&nbsp; That on 15th March
2012 he was travelling to Akatsi.&nbsp; At the
lorry park in Kpando one Joe came to plead with him to deliver a “Ghana Must go
bag” to someone in Akatsi.&nbsp; On the way
their vehicle was intercepted by the Customs officials.&nbsp; The bag was searched and it contained Indian
hemp.&nbsp; He admitted ownership of the bag
and he was arrested and after all investigations he was charged with the
offence.&nbsp; He told the court the bag
belongs to Joe and that he was just assisti</main>