Duhan buying marijuana

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Duhan buying marijuana

JOSE O. As a rule, therefore, it would not be sufficient for a police officer just to repeat to the person under investigation the provisions of Section 20, Article IV of the Constitution. He is not only duty-bound to tell the person the rights to which the latter is entitled; he must also explain their effects in practical terms, e. See People vs. Caguioa, 95 SCRA 2. In other words, the right of a person under interrogation 'to be informed' implies a correlative obligation on the part of the police investigator to explain, and contemplates an effective communication that results in understanding what is conveyed. Short of this, there is a denial of the right, as it cannot truly be said that the person has been 'informed' of his rights. Now, since the right 'to be informed' implies comprehension, the degree of explanation required will necessarily vary, depending upon the education, intelligence and other relevant personal circumstances of the person under investigation. Suffice it to say that a simpler and more lucid explanation is needed where the subject is unlettered. Absent such affirmative showing, the admission or confession made by a person under investigation cannot be admitted in evidence. Nelia Nicandro y Valarma, G. L, prom. February 11, Appellants Duhan and Recla were each sentenced to reclusion perpetua and to pay a fine of P20, Appellant Reyes, being only 16 years of age at the time of the commission of the offense, was sentenced to 12 years and 1 day of prision mayor, and to pay a fine of P10, All three appellants were further sentenced to pay proportionate costs. They were all charged under an information dated June 30, , reading as follows:. In the Trial Court's view, the prosecution had succeeded in establishing by competent evidence the following facts:. The Informer claimed that she could now buy some prohibited stuff e. Three 3 marked money bills in P5. Crisanto Garcia and others, all members of the Drug Enforcement Unit of the said police command, boarded. The latter was following, at a discreet distance, the Informer's taxi as it was cruising towards the 'suspected' area. As soon as the Informer arrived at the place, three suspects who turned out to be the herein three accused immediately approached the taxi. By then, the police operatives were some 5 to 10 yards away. Negotiations ensued but briefly between the Informer and the three accused. Accused Manuel Recla was seen to have actually hand over the prohibited stuff to the Informer, just as accused Jose Duhan himself received the marked 3-P5. Before the payment, the suspected dried marijuana leaves were actually seen being passed from one accused to the other until the actual handling over of it to the Informer. As soon as the latter left, the police operatives, who were all in civilian clothes, sprang the net, so to speak, and placed under arrest the three accused. They were then brought to the police station. While thereat, the marked P5 00 bills were taken from Duhan's pants, more particularly on his right hand pocket. Accused Reyes in turn was frisked and found inside his wallet was a stick of a hand rolled suspected marijuana cigarette. Immediately, the suspected marijuana leaves and cigarette were sent to the Forensic Division of the NBI for examination. The result: positive for marijuana Exh. C and D. The pertinent police report Exh. E and the Booking and Information Sheet for each of the accused were prepared Exhs. F, G and H. Each of the three 3 accused signed the Sheet which contains, among other entries, the following:. Decision, pp. Upon the other hand, the appellants contend that the evidence on record does not justify the Trial Court's findings, but on the contrary, demonstrates the existence of a quite different version of the facts, for which reason they are entitled to an acquittal at least on reasonable doubt. They invoke the familiar doctrine that 'an accused should be convicted on the strength of the evidence presented by the prosecution and not on the weakness of his defense. Sunga, SCRA The Solicitor General agrees with the appellants. In a 'Manifestation and Motion In Lieu of Appellee's Brief' filed by the Solicitor General's Office under date of March 31, , a view of the material occurrences is presented quite at odds with that set out in the appealed decision:. In fact, no searches on their persons were made by the policemen upon their apprehension at the suspected area. True to form and practice, however, on their way to the police precinct that evening, the policemen manhandled and beat appellants Recla and Reyes inside the vehicle. One policeman inserted a stick of marijuana cigarette inside the back pocket of appellant Duhan. When appellant Duhan took out his handkerchief, the marijuana cigarette fell, and another policeman picked it up, and this time inserted it in the wallet of appellant Reyes. When appellant Reyes protested, he was boxed by the policeman pp. Upon their arrival at the police station that same evening, the policemen made body searches on the appellants. All the three appellants were brought inside the comfort room of the police station, one after the other, where they were subjected to maltreatment and forced to admit the possession of two foils of marijuana leaves and two marijuana cigarettes. The policemen found no drugs on the persons of the appellants, except P Joves poked a gun at appellant Duhan's back and then forcibly took the latter's personal money. Appellants maintained their innocence and refused to admit what the policemen wanted them to admit pp. Appellant Duhan declared that what was forcibly taken from him was his personal money of P After the body searches of the appellants by the policemen in side the police precinct, appellants were separately confronted and were asked to give their names, allegedly for verification purposes. Appellants did not give any written statements to the police. Instead, the police investigator, Pfc. Bautista, prepared for them three Booking and Information Sheets, which they later respectively signed Exhibits 'F', 'G' and 'H' , upon their belief and the police assurances that they were for verification purposes and that they would be released thereafter. Instead, appellants were brought to a cell room and locked up inside pp. The testimonies of three appellants, as corroborated by witness Martha Oliva Vda. Their narration regarding the abusive actuations and acts of maltreatment inflicted upon them by the policemen during their ride to and while under custodial investigation at the police station that same evening is more reliable and trustworthy. Paradoxically, the contradictory nature of Pat. Joves' testimony and the failure of the prosecution to present the vital witnesses and the important pieces of evidence alluded to only serve to strengthen the defense version of the case. Indeed, lone prosecution witness Pat. Joves confirmed the presence of an old woman, no other than Mrs. Martha Oliva Vda. Joves admitted having heard the old woman protesting the arrest of her son Duhan, saying that her son was there to buy something at the store, and that her son was not involved in any illegal sale of prohibited drug or marijuana. When the old woman pleaded that she ride along to accompany her son to the police headquarters, the policemen refused to accommodate her. She was told to follow them to the police headquarters, informing her that her son was only being taken for verification purposes pp. She followed later and went to the police station, and saw her son Duhan being investigated and made to admit possession of marijuana. She cried because it was not true pp. Worst still, when the policemen were processing her son's papers, one policeman approached her, demanding P She could not raise the money at that time because her employer was out of town pp. She returned the following day with the money, but she could not find Pat. Joves or Pfc. Bautista to whom she would give the money because of her belief that they were the only ones who could release her son pp. If the appellants and their relatives no longer filed any complaint against the abusive and corrupt policemen with the proper authorities, the same could be attributed to their lowly stations in life and their fear and belief that nothing would come out of such course of action pp. After a careful and thoroughgoing review of the evidence, this Court has in turn come to agree with the Solicitor General that in this case the prosecution has indeed failed to establish the guilt of the appellants beyond reasonable doubt, and they should therefore be acquitted. It may not be amiss to stress, additionally, that as both the defense and the Solicitor General have pointed out, it was error for the Trial Court to have admitted and appreciated against the appellants the Booking and Information Sheets prepared by a Police Investigator, Pfc. Bautista, for each of the appellants and respectively signed by them Exhs. At the trial, 'the testimony of PFC. The accused, however, subsequently denied in effect having made any such verbal admissions of guilt. But even if they had indeed made the verbal confessions imputed to them as alleged in the Booking and Information Sheets, the same would not be acceptable as evidence against them because the constitutional preconditions for their admission had not been complied with. The mere assertion by a police officer that after an accused was informed of his constitutional right to remain silent and to counsel, he readily admitted his guilt, does not make the supposed confession admissible against the purported confessant. This Court has already ruled that:. As mandated, it is not enough that the police investigator merely informs him of his constitutional rights to silence and to counsel, and then taking his statements down, the interrogating officer must have patience in explaining these rights to him. The records do not reveal that these requirements have been fully complied with, nor was there any showing that appellant has been represented by counsel during custodial investigation. In consonance with Section 20 of the Bill of Rights which states that 'any confession obtained in violation of this section shall be inadmissible in evidence,' We hold that the verbal admissions of appellant during custodial investigation may not be taken in evidence against him. Costs de oficio. May 28, They were all charged under an information dated June 30, , reading as follows: 'That on or about the 29th day of June, , in the City of Manila, Philippines, the said accused not being authorized by law to sell, deliver, give away to another or distribute any prohibited drugs, did then and there wilfully, unlawfully and knowingly jointly sell or offer for sale to the public the following: dried marijuana leaves wrapped in an aluminum foil and one 1 stick of marijuana cigarette, which is a prohibited drug. In a 'Manifestation and Motion In Lieu of Appellee's Brief' filed by the Solicitor General's Office under date of March 31, , a view of the material occurrences is presented quite at odds with that set out in the appealed decision: 'The credible evidence instead shows that the four policemen indiscriminately rounded-up appellants at two separate places at the corner of Jorge Bocobo and Remedios Street in Malate, Manila on the evening of June 29, pursuant to a police saturation drive, and forced them to ride in their private vehicle to the police headquarters, informing them that they were being rounded-up for verification purposes. This Court has already ruled that: 'When the Constitution requires a person under investigation 'to be informed' of his right to remain silent and to counsel, it must be presumed to contemplate the transmission of meaningful information rather than just the ceremonial and perfunctory recitation of an abstract constitutional principle. Ramos, this Court said: 'In the case at bar, appellant has only finished Grade VI, which means that he is not adequately educated to understand fairly and fully the significance of his constitutional rights to silence and to counsel.

Nanda Devi Landrace (regular seeds)

Duhan buying marijuana

The spherical seed pods, with a dusting of white, attracts farmers and fowl alike. Even as birds—high on opium—throng these fields, Salim Khan, 45, an opium cultivator who has been charged under the Narcotic Drugs and Psychotropic Substances Act, heads to his field in the Pratapgarh district of Rajasthan. Here, he worships the white bulbs with incense sticks and prayers, before slicing them open six times for the latex—soft, sticky and bitter—to flow out. It is a ritual practised by thousands of opium farmers across the four states. Miles away, opium gardens in Afghanistan mirror the poppy fields in India as they enjoy a similar season and crop pattern. These fields and gardens provide fertile ground for the narcotics network to bloom far and wide. Salim is aware of the drug network that buys his opium and smuggles it to Punjab, Jammu and Kashmir and further down to Gujarat, Maharashtra and other states. It is in these states that the opium changes hands and is mixed with alkaloids like acetic anhydride to make heroin and other narcotics. India produces enough for the domestic market and exports the rest. The illegal industry—right from the cultivator to end user, is very much within the country. Presently, more than a dozen police agencies are chasing networks that run along national highways, through seaports, railways, airways, couriers and even the dark net. Union Home and Cooperation Minister Amit Shah said 35 lakh kg of narcotics worth Rs1, crore were seized between , three times the amount of drugs seized between Rs crore. According to Narcotics Control Bureau director general S. Pradhan, drug addiction in India is affecting roughly 8 crore crore people. At least 19 narcotic drugs and tablets are freely available at different price points. The recent recoveries made in Mumbai or the drug haul at Mundra port in Gujarat is only a drop in the ocean. For instance, ganja cannabis or weed, the consumption of which star kid Aryan Khan was accused of, is the second most popular narcotic drug in Mumbai, selling at Rs3 lakh per kg. Ruling the roost is mephedrone, at Rs20 lakh to Rs40 lakh. But heroin Rs1. In the fertile agricultural lands of north India, opium is legally cultivated in 26 districts of Rajasthan, Madhya Pradesh, Uttar Pradesh and Uttarakhand, where the government grants limited licence to thousands of opium cultivators. Unlicensed cultivation plagues states like Himachal Pradesh and Manipur, but the tender care shown by farmers to get the perfect yield is the same. He takes out a curious-looking colourful knife and cuts the object of his love. The profit margins are huge and it is this desire to earn more that put Salim on the wrong side of the law several times. Salim is just a cog in the wheel of an industry that is malfunctioning at many stages—the legally cultivated opium in the country is either being smuggled to metro cities or rotting in government opium and alkaloid factories in Neemuch in Madhya Pradesh and Ghazipur in Uttar Pradesh, waiting to be exported for the last two years. India has enjoyed the status of one of the biggest producers of legal opium in the world, but today it is coming back to bite it. The disarray is such that the Central Bureau of Narcotics CBN , under the Union finance ministry, is struggling to reinvent the wheel by trying out new technology to harvest opium gum instead of the traditional manual process called lancing. But this is not the only problem. But the CBN is facing a huge staff crunch, which makes matters more difficult for local police. To overcome these problems, the Central government is planning to drone-map all legal fields. But M. Lather, director general of police, Rajasthan, said it is time to ban opium cultivation in the country. The pitfalls are much more than the gain. Opium farmers, however, are unwilling to give it up as owning an opium field raises their social status. Why should I give it up as it is a matter of prestige for my family? In , this practice had landed senior BJP leader Jaswant Singh in trouble when the opium drink was allegedly served at a function in his ancestral village, Jasol in Barmer district. According to Amrita Duhan, superintendent of police in Pratapgarh, the danger lurking in these fields has transcended cultural and economic factors to become a major law and order menace. Investigations have revealed the criminal involvement of Afghan Pathans in nearby villages like Dewaldi and Naugaon, where they use traditional skills to refine opium into brown sugar and heroin. THE WEEK travelled to the infamous Dewaldi village, where the Afghan Pathans command fear, so much so that even the local policeman is scared of visiting the village alone. We are told that even before we set foot in the village, the Pathans were aware of our coming. He says that his ancestors, led by Sardar Khan Pathan, had migrated to India from Balochistan decades ago and mastered the art of making brown sugar. Gradually, an entire community of Afghan Pathans displaced the local indigenous population, who are now living on the outskirts of this sprawling village. It happens to be the most well-off village in the district, with big houses that have high terraces to keep a lookout on passersby, and some of them have cars. The records document the long story of how this village grew in notoriety, with its men farming opium and making brown sugar and other narcotic substances and smuggling them across statelines and national borders. During police raids, they would fire at policemen, using women as human shields. The government has now banned Afghan Pathans from cultivating opium. But they are still the keepers of the secret of refining opium, and are said to be involved in gunrunning, sheltering criminals and reportedly have cross-border links in Pakistan. There is little evidence even today of how they procure the precursor chemicals used to make heroin or the methods they use. Master Sher Ali, 88, the eldest in the village, agrees that there are problems. The Rajasthan special operations group, under senior IPS officer Ashok Rathore, has created fear in these unholy lands and slowly the drug corridor has now shifted from Rajasthan to Maharashtra and down south, where anti-terrorism squads of other state police forces are chasing and arresting smugglers. Hakim, 56, and Jivanlal, 21, were arrested in October with nearly 5kg heroin. The ATS had launched an undercover operation to nab these two big suppliers who were visiting Dongri to sell heroin. The market value of the seized drugs was Rs15 crore. Amina, an unsuspecting woman, had been a key link in this supply chain in Mumbai for more than a decade. She procured the contraband from Hakim and Jivanlal and, through an active network of 10 peddlers, supplied the drugs in Ghatkopar, Worli and other places. Amina allegedly told the police that supplying drugs via road and railways was easier—they would keep the contraband in one compartment and book tickets in the next to avoid getting caught with the consignment. When the ATS laid a trap and arrested her the same month, she was carrying 7. In , the Mumbai Police registered cases of drug possession and 7, cases of drug consumption worth Rs Born and brought up in Dewaldi, where his family owned a poultry farm and farmland, Fayyum, 28, also had family links in Chembur in Mumbai. He first entered the criminal records in when he and his friends went to Arnod Police Station and fired in the air. The police arrested 35 people from the village and he went to jail for four days. Six months later, two persons named Jahangir and Aleem came to his village looking for a man named Inayat Sher Ali and bumped into Fayyum. I knew that Raees Khan from our village was selling heroin and I supplied it. He would wear the shoes and board a train to Ratlam in Madhya Pradesh, and trade the shoes with Jahangir and Aleem at the railway station. The last time Aleem called him was on February 3, demanding 75g of heroin. The high heel shoes came in handy again. The only difference this time was that the shoes carried a mixture of Bimix, alprazolam, opium and a chemical for drying it to prepare heroin. From high heel shoes to nameless and faceless drones dropping packets of heroin in Punjab and Jammu and Kashmir, the western frontier is already in the grip of a narco war. In some instances, plastic pipes were used to transfer drugs across the fence. In February, the Border Security Force killed three intruders in Samba district in Jammu and Kashmir and recovered 36 packets of narcotics worth Rs crore in the international market. The packets were being smuggled in through a plastic pipe in the middle of the night. In riverine stretches on the Jammu and Kashmir border, underwater nets and bars have been installed under culverts by security forces to thwart attempts to send narcotics by water. Moreover, farmers who have restricted access to nearly 20, acres of farmland close to the zero line are being bribed to deliver the drugs across the border. Pakistani drones were first used in for delivery of arms and ammunition. They cost Rs25 lakh to Rs30 lakh and have a high risk-taking capability, owing to huge profit margins. Even if the drones carry out two to three successful sorties, its cost is recovered. The BSF is trying to beat narcotic smugglers at their game. But the anti-drone technology being tested has its challenges. Moreover, earlier Pakistani drones would fly at a lower altitude, but now they are flying almost a kilometre above, dropping packets and returning. The commanding officer, a basketball player, felt so frustrated that the next day he took permission to leave the gate open at night. In this operation, 20kg heroin was seized. The lesson: man and machine must work hand in hand. One such special operations team member of the BSF is Frooti, a sniffer dog who lives on the international border. Frooti starts barking even at the faint sound of a drone and runs towards it. Having undergone a six-month training programme, Frooti can hone in on low-flying objects. Frooti has now got canine company—BSF personnel are relocating street dogs to the border for drone detection. The narcotics routes, however, are not limited to the western frontier. The Golden Triangle earlier consisted of Laos, Myanmar and China—the hilly terrains being a perfect place to manufacture drugs. Initially, the Shang dynasty of China used to run the drug trade, but after per cent drugs started ending up in China itself, the Chinese authorities took action. Today, the network operates in the mountainous terrain of northeastern Myanmar, northern Thailand, northern Laos and northeastern Vietnam, where heroin is manufactured. According to rough estimates, 70 to 80 per cent of it goes to North America and western Europe and 20 to 25 per cent travels into India. The first stop is Guwahati, which is today the biggest transit and consumption centre in the northeast. Here, apart from the usual carriers like trains, trucks, car dashboards and AC vents, baby diapers and women themselves are being used to smuggle drugs. Th Paone, alias Didi, is a suave woman in her early 50s who had given the slip to the Assam police many times. Dressed in bright clothes, with just a handbag in tow, she would shuttle between Dimapur in Nagaland to townships in Assam, a route taken by many ordinary folks to earn a living in the commercial hub. Her alert, piercing eyes would always be on the lookout for plainclothes policemen as she carried consignments of heroin made in Myanmar into Manipur and storage hubs in Dimapur. She started off as a one-woman army, but soon created a band of peddlers, middlemen and cross-border drug lords. She had been elusive for long. But Didi was lured out of her Dimapur house with a Rs7 crore deal on June 17, A police squad, led by Karbi Anglong Superintendent of Police Pushpraj Singh, had laid a trap for her with the help of their source in Dimapur. Rozy Rongmei, meanwhile, ran a joint venture with her husband, Phungam Kamei. Inter-state drug smuggling got easy as Kamei, 61, was from Manipur—the marriage helped coordinate the drug racket better. When interrogated, Rongmei, 55, said it was a profitable venture. Naturally, the profits grew when drugs crossed two international borders. But their method was simple. The two women, arrested in June , revealed during interrogation that they colluded with transport operators. At the time of arrest, they had kept 3kg crystal syabu, a type of methamphetamine, in polythene bags that were concealed in secret chambers inside the engine compartment of a bus. The bus driver was part of the drug ring. There are young women carriers, too, with babies in their arms to ensure greater camouflage. This method has also made smuggling small proportions of narcotics faster. The operation was difficult since it involved young mothers. It is now being used as a case study by the Guwahati Police. Assam cannot beat the problem alone and, being a transit state, has to carry out joint police operations. Harmeet Singh, commissioner of police, Guwahati, said efforts are on to not only monitor the supply chain but also to catch the big fish, which is a much more difficult task. And, there are plenty of big fish on the drug scene, most of these are today running the maritime drug trade, giving sleepless nights to the NCB in New Delhi. Seventy per cent of heroin is also using the container route. So this is a big modus operandi and needs close coordination between the coast guard, Navy, maritime boards of states, public and private port authorities and police agencies. In September , nearly 3,kg of heroin worth Rs21, crore was seized from the port; the consignment had possible links to terror groups in Pakistan and Afghanistan. The National Investigation Agency is probing how the proceeds of drug trafficking were sent back to foreign entities through hawala networks for use in anti-India activities. The eastern coast is equally under threat. Besides the involvement of Sri Lankan smugglers, the Indian Ocean has a mix of nationalities, from Iranians to Maldivians. In October , Maldivian authorities seized more than kg heroin and arrested a dozen people linked with the drug network. In November , Seychelles authorities intercepted a local speedboat from their exclusive economic zone with kg heroin. These operations have also indicated a possible reverse flow of precursor chemicals from India into the drug markets abroad, from where the drugs were also being smuggled back into the country. Another gold mine for narcotic smugglers in the country is the postal, courier services and the dark net, which has grown at a lightning speed in the last two years of the pandemic. They realised there is full anonymity, full deniability and an ease of doing business. It is a very sinister and deadly combination, which is going to increase in the future. The demand for synthetic drugs, meanwhile, is also rising exponentially, adding to the list of narcotic drugs already available in the Indian market. Also, both India and Afghanistan will be sitting on an excess of opium stock at the end of this year. The Taliban, however, announced a ban on poppy cultivation and harvest on March 3. The ban is threatening to pump up prices of narcotics in India, which is the closest market and transit route for drug trade in the region. Kumar, former director general of the NCB. While the Taliban decree said that the crops would be burned and farmers jailed if they proceed with harvesting, Kumar said that there was no evidence of the cultivation being stopped. Today, the opium lords of Afghanistan are either part of the Taliban 2. The biggest example is Gul Agha Ishakzai, finance minister in the Taliban government. He is said to be close to Quetta-born Taliban financier Ahmed Shah Noorzai Obaidullah, whose name figures on the UN sanctions list for narcotics trade. For India, the bad news is that the scent of poppy will also attract terror outfits and financiers in the most notorious global drug route. The ever-growing drug market in India is not just a matter of worry for the government, but also the public. Recently, Bollywood superstar Shah Rukh Khan ran from pillar to post when the NCB refused to meet him after his son Aryan was arrested in the Mumbai drug cruise case on October 2, The sleuths had given other parents a hearing, but King Khan was kept away. Upon intervention of a senior officer, Khan was granted an audience. He was told that consumption was an equally punishable offence as cultivation or purchase. Indeed, sleuths still largely look out of the country when they stumble on high-profile drugs cases. Home The Week. Sea of poppies: Kasam Ajmeri in his poppy field in Panmodi village of Rajasthan, where he harvests opium legally. Growing opium allows our daughters to get married into better families and is considered lucky, too. Drones are a game-changer in narcotics and weapons smuggling as they are beyond human capability to tackle. Ali says some bad apples have given their community a bad name. On the trail: Amrita Duhan, superintendent of police in Pratapgarh, says opium and its byproducts are landing in national and international markets through the network of Afghan Pathans. On guard: Rajasthan special operations group chief Ashok Rathore during a field inspection near the India-Pakistan border. In the net: Th Paone, alias Didi, would carry consignments of heroin made in Myanmar into Manipur and storage hubs in Dimapur, Nagaland. She was arrested by Assam Police last year. Line of defence: A women patrol team on duty at the Wagah border.

Duhan buying marijuana