Convicted drug abuser benefits from new anti-drug law

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A resident (Asian) convicted of drug abuse and sentenced in absentia to a fine and deportation, benefited from the new anti-drug law No. 30 of 2021 that came into effect yesterday, and the misdemeanour court canceled the deportation decision after it became mandatory and not mandatory according to the previous law, after the court implemented a rule The law is best for the accused.


In detail, the Public Prosecution's investigations reported that information to the General Department of Narcotics Control in Dubai Police about the accused's use of narcotic drugs and psychotropic substances.


A witness from Dubai Police stated that the information was verified, permission was obtained from the Public Prosecution and the arrest of the accused, and by examining a sample of his urine that was found to contain traces of marijuana or hashish, the accused confessed to this in the evidence report, and then the Public Prosecution referred him to the Misdemeanors Court on charges of using a psychotropic substance. .


For its part, after examining the case, the misdemeanour court ruled in absentia, for the defendant's failure to attend the session, that he was punished with a fine of 3000 dirhams and deported from the state.


In addition, and in light of the judgment being in absentia, the legal representative of the accused, lawyer Badr Abdullah Khamis, appealed through the opposition, committed to its specified date, and requested in the defense memorandum the application of Article 75 of Federal Law No. 30 of 2021 regarding combating narcotics and psychotropic substances, which states: It is permissible to deport the foreigner to the court if he is convicted of a crime of abuse, personal use, or possession with intent to abuse, given that the new law is the best for the accused, so it must be applied according to the first paragraph of Article 13 of the Penal Code.


Khamis requested the court to cancel the deportation decision, given that the accused’s record is devoid of any precedents, as he is a young man in the prime of his life, stable in his work, and does not represent any criminal risk, which is the condition of the deportation ruling pursuant to the provisions of Article 129 of the Penal Code.


For its part, the Misdemeanors Court stated in the merits of the verdict that the accused attended the hearing of the opposition that fulfilled the procedures, confessed to his accusation and asked for clemency from the court, so the court upheld the verdict in absentia with a fine.


Regarding the deportation measure, she stated that according to Article 13 of the Penal Code, the accused has the right to benefit from the law that is best for him, as long as no final ruling has been issued in the case.


She explained that the deportation decision has become permissible for the court to assess it according to the circumstances of the case and the accused, according to the new Law No. 30 of 2021 regarding combating narcotics and psychotropic substances, in force as of January 2.


The court held that the accused is a resident of the country, has a job in the country, has a legitimate source of livelihood, and has not previously been convicted in any drug cases, so it considers that it is worthy to cancel the measure of deportation issued against him.

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