THE REPUBLIC v. PHILIP ESHUN alias MENSAH

JUDGMENT

Possessing narcotic substances without lawful authority is prohibited by law. The

punishment varies according to the circumstances under which a person convicted possessed

the substance.

The 37th section of the Narcotics Control Commission Act, 2020(Act 1019) deals with unlawful

possession or control of narcotic drugs. It states:2

(1) A person who, without lawful authority, proof of which lies on that person, has possession or

control of a narcotic drug for use or for trafficking commits an offence.

(2) A person who commits an offence in subsection (1)

(a) for use is liable on summary conviction to a fine imposed in accordance with the penalty

specified in the Second Schedule and an additional term of imprisonment specified in that

Schedule if the fine is not paid;

(b) for trafficking is liable on summary conviction to the fine and imprisonment specified in the

Second Schedule and an additional term of imprisonment specified in that Schedule if the fine is

not paid.

According the second schedule of Act 1019, a person convicted in line section 37(2)(a) of Act

1019 is liable to pay a fine on not less than two hundred penalty units and not more than five

hundred penalty units and that if that person is not able to pay the fine then that person will

serve a prison term of not more than fifteen months.

According to the second schedule, a person convicted in line with section 37(2(b) of Act 1019,

is liable to pay a fine of not less than ten thousand penalty units and not more than twentyfive thousand penalty units in addition to a prison term of not less than ten years and not

more than twenty-five years imprisonment and if that person is able to pay the fine then that

person will serve additional three years imprisonment.

It is under section 37(1) of Act 1019 supra that the police have charged the Accused person

herein. The police gave the particulars of the offence as:

“PHILIP ESHUN @ MENSAH; AGED 20 YEARS, EXCAVATOR OPERATOR

APPRENTICE: For that you on the 23rd day of May, 2022 at about 5:10am at Mbradan, a

suburb of Dunkwa-On-Offin in the Central Circuit and within the jurisdiction of this

court, did have in your possession 6.78g of cannabis without lawful authority.”3

The police presented the following as the facts that culminated in the charging of Accused for

prosecution in this matter:

“The complainant in this case is Dunkwa Divisional Police Command. The

accused…lives at Mbradan near Dunkwa-On-Offin. The Police h