JUDGMENT OF ROGER KORSAH J.
The appellant stood trial on a charge of: possessing Indian hemp contrary to sections 47 (1) and 57 (1) of the Pharmacy and Drugs Act, 1961 (Act 64). The particulars of offence read:
"Hamidu Moro, Arabic teacher: for that you on 16 February 1976, at Mampong Circuit and within the jurisdiction of this court, had in your possession without lawful excuse a quantity of Indian hemp weighing 5,902.0 grammes."
The facts upon which the prosecution relied for the establishment of their case were that: On 16 February 1976, one Daniel Akyaa, a police constable stationed at Atebubu, was travelling outside his station to Sunyani, when the vehicle on which he was travelling stopped at the Mobil filling station at Ejura. The driver and passengers alighted for refreshment and the said constable also came out and stood behind the vehicle. While he was thus standing, the accused person arrived holding what is variously described as a bag or portmanteau, but which all agree was reddish in colour. The accused boarded the vehicle and sat on the last seat. Constable Akyaa also re-occupied his place, which was on the last but one seat, before the vehicle proceeded on its way. In the course of the journey, an ominous odour reminiscent of Indian hemp, greeted the olfactory organ of the constable. He therefore suspected the accused "to have something in the bag." When the vehicle arrived at the Mampong police barrier, constable Akyaa alighted and reported his suspicion of "the contents of the portmanteau" to Essilfi Omane Agyekum who is a corporal in the Ghana Police Force and was on that day, on duty at the [p.258] said Police barrier. He pointed the accused out to Corporal Agyekum, and the good corporal requested the accused "to bring out the bag." The accused complied with this request and was escorted by the two policemen to the Mampong charge office. There, the accused again complied with a police request "to open the portmanteau." The portmanteau was found to contain leaves suspected to be Indian hemp. He was thus handed over to the police at the charge office. The police at the charge office sent the contents of the bag, which were sealed in the presence of the accused, to the government analyst who certified them to be Indian hemp. The accused was cautioned and asked whether he wished to make a statement, and he stated, "I have nothing to say. I will give my statement in court."
The defence put forward by the accused seems to me a little mi
