He Passed Over Cocaine, Not Sold It
Drugs being consumed in a cafe (illustration), Photo: shutterstock.com
The ruling for Nikola Mališić (33) from Beranac regarding the charge of unauthorized production, possession, and distribution of narcotics will be delivered at the Bijelo Polje Higher Court on June 4th.
As per the indictment, on December 7, 2023, Mališić sold cocaine to local resident Ilija Pantović for 120 euros.
“The narcotics, contained in four handmade packages, were consumed by Ilija Pantović, Nikola Kljajić, and Aleksandar Martić. Additionally, police discovered 0.663 grams, packed in two handmade wrappers, with Martić during a check at a catering establishment in the Donja Ržanica area of Berane,” the indictment elaborates.
Nikola Kljajić stated yesterday that Ilija had offered him drugs by snorting a ‘line’ from his phone in a restaurant’s restroom, but he wasn’t aware of who supplied the drugs or made the order.
During the investigation, as prosecutor Vanja Rakonjac recounted in her closing statements, Mališić confessed that Pantović had requested him to procure cocaine for 120 euros, which he delivered using the taxi service where he is employed. However, he claimed he couldn’t disclose the source for security reasons, and in court, he asserted that he didn’t sell the drugs—just purchased them.
“Evidence from Pantović, who faces separate charges for facilitating drug use, suggests that Mališić handed him the drugs in exchange for 120 euros. Witness Martić, who was found with the narcotics while seated at a table, testified that Pantović had stepped outside before giving him the drug packages,” the prosecutor pointed out, adding that one of at least two DNA profiles on the drug wrapper linked back to Mališić, indicating he packaged the substances.
Taking into account these details, especially his prior convictions, the prosecutor requested a three-year prison term. In contrast, his defense attorney, Vidomir Bošković, sought the most lenient sentence possible, citing that he is a young man, a renter, a father of two minors, and claimed he merely handed over the drugs rather than selling them.
“Based on the defense’s assertion, which states that he transferred drugs to Pantović for 120 euros, it is evident he handed over the narcotics without a sale occurring. This warrants a change in the indictment’s charge, but it does not absolve him of guilt,” Bošković argued.
He emphasized that the discovery of the accused’s DNA on the drug package does not conclusively prove he packaged the drugs; it could simply indicate he had touched those packages.
Bošković noted that the proposed penalty by the prosecutor is exceedingly harsh, especially considering that others often receive leniency even for significantly larger drug quantities.
Mališić reiterated in his final statements that he did not engage in drug dealing: “I am not a drug dealer. I request a polygraph test if that could help. I am a father to two minors and ask the court for the most lenient possible sentence.”
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