“Dubai Appeal” cancels his deportation and supports fining him for drug abuse
A European accused is the first to benefit from the new drug law
Lawyer Muhammad Al-Rida: “The new law creates for the accused a position or situation better than the old law.”
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A European resident benefited from the new amended Law No. 30 of 2021 in the matter of combating narcotics and psychotropic substances, and the Dubai Court of Appeal decided to cancel his deportation order and only punish him with a fine of 5,000 dirhams for drug abuse, after applying Article 75 which states that the ruling for deportation is permissible for the court. Applying the rule of law that is best for the accused, to be the first to benefit from the new law.
In detail, the Court of First Instance imposed a fine of 5000 dirhams against a European resident and deported him from the country on charges of drug use and possession, noting that it was satisfied with the progress of the case and what was proven in the seizure report, about receiving information from the General Administration for Narcotics Control stating that the accused possesses and uses narcotics and psychotropic substances. She conducted her investigations and verified the accuracy of the information, then obtained a warrant from the Public Prosecution to arrest him.
According to the case papers, the accused was arrested while standing on Sheikh Zayed Road, and by searching his car, a dark piece of cannabis was found. It was also proven that he had used a sample of it.
For his part, lawyer Muhammad Al-Rida, the legal representative of the accused, appealed against the ruling before the Court of Appeal, and demanded the application of the law that is best for the accused according to the text of the first paragraph of Article 13 of the Federal Penal Code, on the basis of which his client is entitled to benefit from the new law on narcotics No. 30 of 2021, which It states in Article No. 75 that the measure of deportation is permissible for the court.
He explained that the Court of Cassation ruled that the law that is more suitable for the accused is the new law that establishes for him a position or situation that is better for the accused than the old law, by canceling or reducing some penalties, or deciding a way to exempt from criminal responsibility or an element of the crime itself, and he is entitled to benefit from it from The date of its issuance, pointing out that the new law was issued on September 16, 2021.
He pointed out that the accused has been residing in the country for more than 20 years and has no criminal record or even violations, and is the only breadwinner for his family, which will be severely affected in the event of his deportation.
For its part, after considering the case and the two appeals submitted by the defense of the accused and the Public Prosecution, the Court of Appeals found that the judgment of the Court of First Instance was sound in convicting the accused, but it decided to cancel the ordered deportation order against him, citing that it had become a permissive measure pursuant to the text of Article 75 of the The new anti-drug law promulgated on September 16, 2021 as a law that reformed the accused, and the court ruled in his presence upholding the fine.
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