The Dubai Court of Appeal revoked the deportation order for an individual found guilty of drug abuse, while affirming the imposition of a fine. Additionally, the court prohibited the accused from personally or indirectly transferring funds for a duration of two years. This decision took into consideration the individual's circumstances, including their long-term employment in the country, residence with their family, and the fact that this is their first conviction. Accused of illicit substance consumption.
According to the Public Prosecution's investigations, the court confirmed that the General Administration for Narcotics Control received information about the accused's involvement in using and possessing narcotic substances. After verifying the accuracy of this information through search and investigation, a permit was obtained from the Public Prosecution. The investigative team proceeded to the suspect's residence and conducted a search, during which they discovered a glass container containing a frozen material, along with a precise measuring instrument and a see-through pouch carrying a substance of a black nature.
The investigating team transported the accused to the headquarters of the General Department of Forensic Evidence and Criminology, where a sample was collected from him with the authorization of the Public Prosecution. The laboratory analysis conclusively verified that he was under the effect of substance abuse, specifically methamphetamine and hashish, which were confiscated from his possession.
During the arrest reports and investigations conducted by the Public Prosecution, the accused confessed to two counts of abuse and possession of narcotics. However, he later recanted his statements during the trial. His lawyer then presented a defense memorandum, in which he contended that the permission granted by the Public Prosecution was invalid and that a mistake had been made in the medical tests.
After carefully reviewing the case, the court expressed its trust in the evidence presented. It dismissed the arguments that the prosecution's permission was invalid and that there were errors in the medical tests. The court stated that the permission was valid according to the appropriate law and that there were no errors in the analysis. Furthermore, even if there were any issues with the permission, the court relied on the accused's confession, which aligned with the findings of the Public Prosecution's investigations.
The ruling stated that the trial court determined that it should carefully analyze all the evidence and information available to accurately understand the facts of the case. It emphasized that the accused was found to be in possession of and using illegal drugs and substances, as confirmed by the forensic laboratory reports. The accused also admitted to this in the arrest report and during the court proceedings. As a result, all the necessary elements of the crime were established, warranting the imposition of punishment.
