He was convicted of drug use and the pandemic prevented him from leaving

The “best for the accused” law saves a young man from deportation after a final ruling

The Dubai Criminal Court annulled a ruling to deport an (Arab) young man from the state, 18 months after he was convicted and fined, and a final ruling was issued to deport him on charges of drug abuse.

In detail, the conditions of the “Corona” pandemic prevented the implementation of a ruling to expel an Arab resident convicted of drug abuse from the state, and at a time when he was preparing to implement the ruling, the new law was issued that made the decision of deportation permissible for the court in the event that the foreigner was convicted of one of the crimes of drug use, in contrast to the old law in which deportation was mandatory.

The first case began, as established by the court's certainty, when information was received by the General Administration of Narcotics Control about the suspect's use of narcotics and psychotropic substances and his possession of a quantity of them, so permission was obtained from the Public Prosecution to seize him and search his home and car.

And a team from the control moved to his whereabouts, and by searching him, nothing was found with him, so his sample was taken from him, and by examining it, it was found that it contained a narcotic substance. dirhams, and expelled him from the state.

For his part, the accused appealed the verdict before the Court of Appeal, which amended the ruling of the first degree, and only fined the accused 5,000 dirhams, and upheld the deportation ruling to be final and final, on September 27, 2020.

In light of the issuance of new legislation regarding anti-drug crimes, the legal representative of the accused, lawyer Badr Abdullah Khamis, submitted a request to the Public Prosecution, requesting a review of the deportation measure, and the application of the new legislation according to the rule of law that is best for the accused, as it abolished the obligation of deportation, especially in light of That the accused did not leave the country.

He stated in the defense memo that the accused's record is devoid of any criminal record, indicating that he is a young man in the prime of his life, who left his homeland to improve his and his family's future, and is working in a stable job, and his condition does not represent any danger to society in view of his past and behavior.

He stressed that the accused's situation has been stable in the country for years with his wife and young child, and his deportation poses a threat to his future, calling for the family's humanitarian aspect to be taken into account, in light of new legislation that takes into account these important human dimensions.

For its part, and after examining the case, the court confirmed in the merits of the ruling that the rule of law that is best suited to the accused, which creates for him a situation that is more suitable for him, applies to this case, pointing out that Article 75 of the new Law No. 30 of 2021 stipulates that deporting the accused in one of the crimes The abuse is permissible for the court, after it was obligatory when the final judgment was issued against the accused.

She pointed out that the accused, the petitioner, submitted a statement stating that he is still residing in the country and has a known source of livelihood, and then his request was based on a factual basis, and the court decided to cancel the deportation measure.

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