The Superior Court of Justice of Andalusia (TSJA) has confirmed the sentence that sentenced a man to three years in prison when he was caught at a police checkpoint in Benalmádena (Málaga) hiding MDMA under the seat of the vehicle he was driving. Thus, the appeal filed by the defense is dismissed.
The events occurred in October 2019 in that town when the two men were aboard the Mercedes car, driven by the one who has been convicted and were forced to stop at a routine police checkpoint, indicated the sentence of the Court of Malaga.
At that time, one of the agents observed how the driver, when the vehicle was in the search area, hid a bag under the passenger seat, which was later found to contain 60.10 grams of MDMA, says the resolution that now confirmed.
Due to its purity, said substance was valued at 2,516.99 euros and the Chamber considers in its resolution, now confirmed, that it was “intended for retail sale to third parties by the aforementioned accused.”
In addition, 15,000 euros were found inside a bag and 450 euros in the vehicle’s ashtray, “earnings or product of the dedication to said activity of the aforementioned accused.” In addition, four mobile phones were seized.
Thus, the Court of Malaga sentenced one of the men for a crime against public health of substances that cause serious damage to health to the sentence of three years and one day in prison and the payment of a fine of 2,516.99 euros.
On the other hand, he acquitted the other accused of the same crime, considering that he “did not know the intentions” of his partner regarding the fate that he was going to give to the drug.
The conviction was based on the discovery in his possession, under the seat, of 60.10 grams of MDMA, along with 15,000 euros, and also “on the inconsistency and lack of accreditation of the exculpatory version offered by him”, that the owner of the car warned him that there was a bag with money, ignoring him that, in addition, it had drugs».
Both the Chamber and the TSJA consider “inconceivable that someone gives a high-end vehicle to a simple acquaintance”, the defendant, who had no information about the owner other than the name; “Also entrusting him with an important sum of money without even explaining its origin and the destination that he should give it.”