The Federal Supreme Council upheld the judgment of the “appeal”
Punishment of dealer of mental effects with life, fine, and deportation
The Federal Supreme Court rejected the appeal of a psychotropic drug dealer against a life sentence, a fine of 50 thousand dirhams, and deportation from the state, confirming the availability of evidence on which the accusation is based.
In the details, the Public Prosecution referred an accused to criminal trial on charges of possession of psychotropic substances with intent to trade and abuse, demanding that he be punished in accordance with the articles of the Narcotic and Psychotropic Substances Control Law and Schedule No. 6 of the same law.
A court of first instance in presence ruled to punish the accused with life imprisonment and fine him 50 thousand dirhams for the first charge, imprison him for six months for the second charge, deport him from the state after the execution of the sentence, confiscate the seized items and obligate him to fees, then the Court of Appeal confirmed the ruling, and the accused appealed against it before the Federal Supreme Court.
The defendant’s defense in the appeal stated that the verdict violated the law when he established his judiciary convicting his client on false evidence, as the arrest and inspection order and the investigations that were carried out with the accused were conducted by a non-competent prosecution under the law that made the jurisdiction to initiate these cases within the jurisdiction of the Abu Dhabi Federal Court.
For its part, the Federal Supreme Court rejected the appeal, explaining that it is legally decided that “the judicial authorization issued by one of the competent prosecution offices for crimes punishable in Articles 2/41, 48, 49 of this law shall be enforceable in all emirates of the state.”
It stated that the accused was arrested and investigated for the crime of possessing a mental influence with the intention of trafficking, which is one of the crimes punishable by Article 49, and therefore the procedures issued by the Prosecution are correct and it is the prosecution concerned with conducting the investigation of crimes in the emirate in which its headquarters is located. The arrest and search issued against the accused was issued based on legal procedures.
The Federal Supreme Court also rejected the defendant’s appeal regarding the failure to use a translator fluent in the accused’s language and the invalidity of the arrest and search procedure, confirming that the trial court has full authority to assess the evidence presented to it and to take what is reassuring to it and put forward what is beyond it, and it is not permissible to ask it to take specific evidence. That the court is not obligated to follow the accused in all aspects of his defense and to respond to every argument or argument that he raises as long as it has considered sufficient evidence in the evidence presented to it to form its doctrine by conviction, and it has the absolute authority to assess the correctness and integrity of the procedures undertaken by the judicial control officer and the safety of those procedures. The correctness and integrity of the evidence derived from it, and among those procedures is the arrest and search of the accused.
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