CEBU, Philippines - The Cebu City Prosecutor’s Office has cleared a local businessman from the criminal complaint for possession of illegal drugs that the National Bureau of Investigation has filed after they found traces of cocaine in three plastic sachets and spoon during a raid in his residence last year.
Cebu City prosecutor Nicolas Sellon approved the recommendation of assistant city prosecutor Simaco Labata to dismiss the complaint against Robert Nicolas Granthom for lack of evidence.
Labata said the traces of cocaine found in Granthom’s residence during the raid of the NBI for illegal possession of firearms were insufficient to warrant an indictment.
“In this case the traces of dangerous drugs in the spoon and three plastic sachets have no weight. On the other hand section 11 Article 2 of RA 9165 provides a penalty based on the weight of drugs confiscated,” Labata said.
Labata explained that to charge an accused for illegal possession of drugs in court, the evidence confiscated must have weight no matter how small it is.
“Illegal possession of drugs is punishable by law if it actually exists in the possession, which implies that the drugs confiscated have weight no matter how small,” Labata said.
He said the three plastic sachets and pink spoon which contained traces of cocaine hydrochloride based on the forensic chemistry reports of the NBI cannot be used as evidence.
Granthom, a local gun enthusiast, was arrested by the operatives of the NBI following a raid in his residence at V. Ranudo Street on September 22, 2010 for violation of the Republic Act 8294 otherwise known as illegal possession of firearms.
The raid was based on the search warrant issued by the court. During the raid the NBI, in plain view, found traces of illegal drugs hence a separate complaint for drug possession was filed.
Granthom’s case for illegal possession of firearms is already on trial before the Regional Trial Court. (FREEMAN NEWS)