The Supreme Court has acquitted and ordered the release from detention of a Cagayan de Oro City resident from whom a sachet containing 7.4 grams of dried marijuana was confiscated by the police in a buy-bust operation in 2006.
Also, the SC found that the prosecution failed to establish the essential element of delivery of the dangerous drugs by Yagao to the poseur-buyer during the buy-bust operation.“Citing the transcript of stenographic notes, the SC noted that the cop who acted as poseur-buyer quickly effected Yagao’s arrest just as soon as he had pulled out the marijuana from his pocket, hence, the seizure happened before Yagao could hand over the illegal drug.
“Delivery as one of the essential elements of illegal sale of dangerous drug under Section 5 of RA 9165 is defined as the act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. “It stressed that it has ‘frequently held that the observance of the chain of custody was essential in the preservation of the identity of the confiscated drug’ because ‘the drug, being itself the corpus delicti of the crime of illegal sale charged, will be the factual basis for holding the accused criminally liable under Section 5 of RA 9165.’
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