JUDGMENT
Standing trial before this court on a charge of possessing narcotic drug without authority is a 22 year old male adult. Specifically, he has been charged under Section 2(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990 PNDC law 236 which states:
Section 2 Prohibition on possession of narcotic drugs
"(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."
A summary of the facts of this case are that the accused was arrested for stealing and was detained at the Suame Police Station. Police intelligence revealed that the accused was dealing in narcotic drugs. The accused was escorted by the complainants who are police personnel, to his room at Suame. Upon a careful search, 15 wraps of cannabis, some compressed cannabis in a brown paper and GH¢ 6.00 were found hidden in a wardrobe wrapped in a violet polythene bag. During investigations, accused admitted ownership of the cannabis and stated that he had been selling to smokers at GH¢1.00 per wrap. The exhibits tested positive for Cannabis when tested by the Ghana Standard Authority. They weighed 23.9298 grams and 88.7413 grams respectively.
The prosecution is enjoined by sections 11(2) and 13(1) of the Evidence Act, 1975 NRCD 323 to prove beyond reasonable doubt that the cannabis in issue was found in the possession of the accused person. Conversely, the burden of proving lawful possession rests on the accused. Two witnesses testified for the prosecution. By their evidence, they are the police personnel detailed to conduct a search in the accused person's room where these exhibits were found. PW1, Detective Sergeant Favour Adukpo's evidence was very concise and the relevant part is as follows:
" ... Accused willingly led police to their house and pointed a room to police as where he and his mother were occupying. We conducted a thorough search in the room and I found a polythene bag containing 15 wraps and one compressed one all suspected to be Indian hemp at that time. I showed the stuff to the accused in the room. In the presence of my colleagues, accused admitted ownership of these stuff. There was GH¢6 in GH¢1 denomination in the bag. He told police that he had been selling the stuff to people and that is what he does for a living. Accused person was escorted to the charge office together with the exhibits ..."
PW2, General Corporal Emmanuel Kwadwo Sosu of Suame Station CID cor
