The Federal Supreme Court affirmed that a medical prescription for the use of narcotic drugs and psychotropic substances for treatment is required to be issued by a licensed human or veterinarian within the State, who is to overturn a acquittal of an alleged offender drug victim, and referred the case to the Court of Appeal for further consideration.
In detail, the Public Prosecutor referred a defendant to trial on charges of abuse and possession of narcotic drugs and psychotropic substances.
The first instance court sentenced the accused to six months' imprisonment for the charge of acquittal and acquittal of the second charge. The Court of Appeal ruled that the first sentence was dismissed and the accused acquitted of the charge.
The prosecution said in its appeal that the ruling violated the law and made a mistake in its application, as it acquitted the defendant of the charge against him on a bond that he has a prescription issued by India, while the exemption from the penalty requires that the prescription be issued by the UAE and doctors Practitioners in the State and in the manner prescribed by law.
The Federal Supreme Court upheld the appeal of the Public Prosecution, explaining that the decision, pursuant to Articles 33 and 34 of Law No. 14 of 1995, Amendment No. 2016 on the Control of Narcotic Drugs and Psychotropic Substances, stipulates that the exemption from the prescribed punishment for the use of narcotic drugs and psychotropic substances under these articles The use of narcotic drugs and psychotropic substances for the purpose of treatment under a prescription is required to be issued by a human or veterinarian authorized to practice medicine in the State. The prescription shall be released on the form issued by the Ministry of Health. Article 33, Law No. 8 of 2016 amending certain provisions of Federal Law No. 14 of 1995 on the Control of Narcotic Drugs and Psychotropic Substances. The Minister of Health and Community Protection, in coordination with the Minister of Justice, shall issue a decree on the controls of medical prescriptions issued outside the State for narcotic substances and substances, , Which stipulates that the issue of the prescription of a prescription issued outside the State for narcotic drugs and psychotropic substances shall be issued by a decision of the Minister of Health, in coordination with the Minister of Justice, showing the relevant regulations.
The Court stated that it was established that the appeal judgment acquitted the accused of the charge against the use of psychotropic substances, on the basis of a prescription issued by India, pursuant to article 33 of the Act. The government's codes were devoid of any indication that a decision by the Minister of Health in coordination with The Minister of Justice to indicate the controls that are valid for the medical prescription issued from outside the State, the judgment has been made in violation of the fixed papers, without indicating the source from which he derived from how to take the prescription issued from outside the State, which must be revoked with the referral.
The Public Prosecution considered the judgment of "appeal" to acquittal of the accused to be illegal.