The verdict against Nikola Mališić (33) from Beranac for the criminal offense of unauthorized production, possession and distribution of narcotics will be pronounced at the Bijelo Polje Higher Court on June 4th.
According to the indictment, on December 7, 2023, Mališić sold cocaine to fellow citizen Ilija Pantović for 120 euros.
"The drugs, packaged in four handmade wrappers, were consumed by Ilija Pantović, Nikola Kljajić and Aleksandar Martić, while the remaining quantity of 0,663 grams, packaged in two handmade wrappers, was found by police officers with Martić, during a control of that person in a catering facility in the Donja Ržanica settlement in Berane," the indictment states.
Nikola Kljajić said yesterday that Ilija offered him drugs by snorting a 'line' from his phone in the toilet of a restaurant, but that he did not know from whom the drugs were purchased or who ordered them.
During the investigation, as prosecutor Vanja Rakonjac reminded in her closing arguments, Mališić admitted that Pantović asked him to buy him cocaine for 120 euros, which he transported through the company where he works as a taxi driver, but that for security reasons he could not say who he bought it from, while in court he claimed that he did not sell the drugs, but only purchased them.
"From the testimony of Pantović, who was charged in another case with the criminal offense of facilitating the use of narcotic drugs, it follows that Mališić handed him the drugs and gave him 120 euros. Witness Martić, who was found with the drugs in question while he was sitting at the table, said that Pantović went outside before that and then gave him the drugs in packages," said the prosecutor, adding that one of the at least two DNA profiles determined on the drug wrapper comes from Mališić, which indicates that he packaged them.
For all of this, and especially considering that he had previous convictions, she requested a three-year prison sentence, while his defense attorney, attorney Vidomir Bošković, requested the most lenient sentence possible, especially since he is a young man, a tenant, the father of two minor children, and because he handed over the drugs, not sold them.
"Following the defense of the accused, who is charged with selling drugs to Pantović for 120 euros, it is clear that he handed over the drugs, but did not sell them, which is why the act of commission should have been changed in the indictment. Of course, this circumstance does not absolve him of guilt either," said Bošković.
The fact that the accused's DNA was found on the wrapper of the packages, Bošković emphasized, does not mean that he packaged the drugs, but that he could have come into contact with them by touching the packages in question.
Bošković emphasized that the sentence proposed by the prosecutor is extremely strict, because in practice, they receive smaller sentences for much larger quantities of drugs, even for several hundred kilograms of drugs.
Mališić reiterated in his closing arguments that he did not sell drugs: "I am not a drug dealer. I am requesting a polygraph test if it can help me. I am the father of two minor children and I ask the court to give me the most lenient sentence possible."
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