HENNESSEY, C.J.
The defendant, George Sergienko, an officer with the Chicopee police department, was indicted for possession of marihuana, a class D controlled substance, in violation of G.L.c. 94C, § 34, by a Hampden County grand jury in October, 1984. On February 4, 1985, the defendant filed a motion to dismiss the indictment and, in the alternative,
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