He is married to a citizen and they have a child

The "appeal" cancels a ruling deporting a Gulf Arab convicted of drug use

The Court of Appeal in Abu Dhabi ruled that a young (Gulf) man who is accused of possessing heroin and psychotropic substances for the purpose of trafficking and abuse shall not be deported from the state, and the ruling came pursuant to the provisions of the third paragraph of Article 121 of the Federal Penal Code, which states that a foreigner may not be sentenced to deportation if he is a husband Or close to the first degree of a citizen, where the accused was the husband of a female citizen with a marriage contract issued by the courts of Ras Al Khaimah and they have a child.

In the details, the competent authorities seized the accused in possession of an amount of crystal anesthetic and morphine, and found in his vehicle the crystal drug, morphine and capsules of drugs suspected of being psychotropic, and abuse tools, and the accused stated in the investigations that he had obtained crystal substance from an Asian person whose name he does not know.

The Federal Public Prosecution charged the defendant with possession of narcotic heroin for the purpose of trafficking, possession with intent to trade psychotropic substances, and consuming narcotic substances, and demanded that he be punished in accordance with the articles of the Federal Law on Combating Narcotic Drugs and Psychotropic Substances and its amendments attached to the law.

The accused denied the trafficking charge, and confessed to possessing narcotic substances for the purpose of abuse, and that he had previously given one of the accused a narcotic substance without charge.

The Abu Dhabi Federal Court of First Instance ruled to imprison the accused for two years for all the defendants attributed to him, confiscate the seized items and the private car used in the crime, deport him from the state after the execution of the penalty and obligate him to pay criminal fees.

The verdict was not accepted by both the prosecution and the accused, so we appealed the ruling before the Court of Appeal, and the prosecution requested in the appeal memorandum to amend the registration and description of the accused for possessing narcotic drugs and psychotropic substances with the intention of trafficking.

The appellant's attorney demanded that his client be innocent of the accusation against him, explaining that the judgment issued by the court of first instance was tainted by insufficiency and corruption by evidence, invalidity of seizure and inspection procedures, and the invalidation of the Public Prosecution's permission and the lack of seriousness of investigations, pointing out that the Penal Code stipulated in Article 3 in Article 121 on It is not permissible to judge a foreigner for deportation if he is a spouse or first-degree relative of a citizen, unless the judgment was issued in a crime involving state security, and his client is married to a female citizen with a marriage contract issued by the government of Ras Al Khaimah courts.

The statement of the Court of Appeal ruling stated that, with regard to the appeal filed by the Public Prosecution, the court had found out that there was no evidence that the possession charge with the intention of trafficking in the right of the accused was not available, due to his denial in all stages of the investigation the trafficking charge, and the papers being devoid of evidence of his possession with intent to trade Or his trading in any way for himself or for the account of others.

Regarding the appeal of the defendant's attorney, she indicated that the accused was an Emirati husband and they both have a child, and according to the papers and documents attached to the papers, according to the third paragraph of Article 121 of the Federal Penal Code, the obituary is in place, which is what it requires with him to cancel the deportation.

The court ruled to amend the appealed ruling and not to deport the accused from the state and to support him in anything else.

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