A drug user has been jailed after he was found with heroin during a meeting with a probation officer.
Damian Pearce was arrested by police during an investigation into drug dealing at Dawlish and found with a small amount of heroin which he was planning to take himself.
A larger amount of the drug found at a house where he was living in the town belonged to his brother, who has since died, Exeter Crown Court was told.
Pearce, aged 36, of San Remo Terrace, Dawlish, admitted possession of heroin and was jailed for two months by Judge Francis Gilbert, QC.
He has been in custody since his arrest in October so the sentence will result in his immediate release.
The Judge recorded a not guilty verdict on a more serious charge of possession with intent to supply after the prosecution offered no evidence.
Mr Jonathan Barnes, prosecuting, said:"It was his case, and he said the same when he was arrested, that the larger quantity of drugs were in the possession of his brother, who has since died.
"The address in question was owned by their father and the defendant lived there but it was also accessed by his brother.
"The Crown take the view it has not been able to establish which of them was in possession of the drugs at the house and so we offer no evidence.
"This defendant was arrested with 7.32 grams of heroin with a street value of between £365 and £755 at the offices of the probation service. He said it was for his own use."
Mr William Parkhill, defending, said his client had already spent 136 days in custody, far longer than the normal sentence for simple possession.
Judge Gilbert agreed and ordered that all the drugs in the case should be forfeited and destroyed.
