The Court of Instruction number 8 of Murcia filed the case at the beginning of this month of September against a man who was being investigated for committing a crime against public health for alleged drug trafficking.
The Prosecutor requested the provisional dismissal of the proceedings, failing to appreciate the existence of solid and rational evidence of the commission of a drug trafficking crime by the person under investigation.
The events occurred on October 3 of last year, when at 1:30 a.m. the accused was arrested by the National Police when he was inside the bathroom of a game room in Alcantarilla. The arrested person was consuming a narcotic substance along with two friends and during the search carried out, 240 euros were seized – 4 50 euro bills, a 20 euro bill, one 10 euro bill and two 5 euros bills). 7.18 grams of cocaine distributed in 20 papers and 4.09 grams of hashish.
The Prosecutor’s Office details that the investigation carried out showed that the accused is a consumer of these substances, and that he tested positive for cocaine and hashish in the forensic analysis of hair and urine. At the same time, the two witnesses who were inside the bathroom with the person under investigation were summoned to testify, both endorsing his version that the narcotic substance was acquired by everyone for shared consumption.
«According to the facts presented, the Prosecutor’s Office understands that the commission of a crime against public health was not duly proven, taking into account that, from the circumstances of the consumption itself, the statements given by the same and by the other witnesses, and from the amount of drugs seized, there are not sufficient, solid and plural indications to presume the existence of possession intended for trafficking,” he states in his writing.
“It has not been proven that the drug was intended for trafficking”
The criminal lawyer who defended the accused, Jorge Novella, requested the file and dismissal of the case, alleging that there was not enough evidence to accuse his client of a crime against public health, since the amount of drugs seized was for own consumption given that it was demonstrated that he was a habitual consumer of both substances.
«The fact of seizing drugs from a person does not mean that there is a crime against public health. There must be indications that this confiscated substance is intended for trafficking, something that has not been proven in the case of my client,” recalls the lawyer Novella.
In this sense, the doctrine of the Supreme Court states that its consumption must be carried out “in a closed place”; The act must be limited to a small group, and consumption is limited to 100 grams of hashish and 7.5 grams of cocaine per person. At that time, the accused was carrying just over 4 grams of cannabis and 7.18 of ‘coca’. For all these reasons, as there were no indications that the seized substance was destined for trafficking, the court closed this case.
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