Judgment today

«tramadol»

Reliable information was received from the source to the Anti-Narcotics Department of Dubai Police, according to which a man with the nationality of an Arab country possesses and takes tramadol. Forensic Laboratory.

He was arrested and found in possession of tablets that were proven by examination in the criminal laboratory to be tramadol, and by examining a sample of his urine for examination in the forensic laboratory, it was proven that they contained the same substance, so the Public Prosecution referred him to trial for the crime of using the psychotropic substance tramadol, and possession with the intention of abuse.

At the court session, the accused attended and decided that he was complaining of joint pain, and that the seized drugs in his possession were dispensed to him by a specialized doctor in his country, and that what appeared in the urine sample resulted from his use of those drugs inside the country, and he submitted a prescription issued by his country, and requested the judiciary to exempt him from The penalty is based on the fact that possession and use were for the purpose of treatment, and in precaution, he is punished with a fine without deportation from the state.

Whereas it is decided that for exemption from the penalty prescribed for the use of narcotic drugs and psychotropic substances, as stipulated in Articles 33 and 34 of the Narcotics and Psychotropic Substances Control Law, possession and use of a narcotic or psychotropic substance must be for the purpose of treatment and under a prescription issued by licensed physicians in Practicing the profession of human or veterinary medicine in the country, and that this prescription is issued on the attached form issued by the Ministry of Health. In the two previous articles, the provision of Article 40/2 of the same law may be enforced, and a fine of not less than 1000 dirhams and not more than 10 thousand dirhams may be imposed.

Since this was the case and it was established from the medical prescription provided by the accused that tramadol was dispensed to him by a specialized doctor in his country, and that prescription did not meet the aforementioned conditions to exempt him from punishment, and to acquit him assuming that it was not issued by a licensed doctor within the country, It was not written according to the form issued by the Ministry of Health, what the court concluded that the accused possessed and used tramadol with the intention of treatment and punished him with a fine with deportation from the state pursuant to Article 40/2 of the aforementioned law and Article 63 of the same law, which necessitated the expulsion of the foreigner who is convicted in one of the cases. Crimes stipulated in this law, which is a special law that must be enforced.

Judge at Dubai Court of Appeal

Courts page prepared by: Bashayer Al-Mutairi

To contact the author of the page:

mahakem@ey.ae

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