The cancellation of “removal” is convicted of abuse after the application of the new drug law

The (Asian) resident, a convicted of drug use, and is convicted in absentia with a fine and deportation, benefited from the new anti -drug law No. 30 of 2021, which began its validity yesterday, and the misdemeanor court canceled the deportation decision, after it became a passport, and not obligatory in accordance with the previous law. That the court work as the law of the most suitable law for the accused.

In detail, the Public Prosecution Investigations reported that information has been received to the General Administration of Narcotics Control in the Dubai Police about the accused taking narcotic substances and psychotropic substances.

A witness from the Dubai Police stated that the information was proven, obtained permission from the prosecution, the arrest of the accused, and by examining a sample of his urine, it was found that it contained traces of marijuana or hashish drug, and the accused confessed to this in the minutes Mental effect.

For its part, after consideration of the case, the misdemeanor court in absentia ruled that the accused did not attend the session, to punish him with a fine of 3000 dirhams, and to remove him from the state.

In addition, in light of the absence of the ruling, the legal representative of the accused, attorney Badr Abdullah Khamis, stabbed the opposition, committed to its specified date, and in the defense note requested the application of Article 75 of the Federal Law No. 30 of 2021 regarding the fight against narcotic substances and mental effects, which It states that the deportation of the foreigner is permissible for the court if it is convicted of one of the crimes of abuse, personal use or possession with the intention of abuse, given that the new law is the most appropriate for the accused, so it must be applied according to the first paragraph of Article 13 of the Penal Code.

Khamis from the court’s committee 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, does not represent any criminal risk, which is the condition of the ruling on deportation, pursuant to the obligations of the text of Article 129 of the Penal Code.

For its part, the misdemeanor court stated in the reasons for the ruling that the accused attended the session of the consideration of the opposition that fulfills the procedures, confessed to his charges, and asked for compassion from the court, so the court supported the absence of the fine.

Regarding the department management, it was stated that, according to Article 13 of the Penal Code, the accused has the right to benefit from the most supreme law, as long as there is no ruling in the case.

She explained that the deportation decision has become a passport for the court, according to the circumstances of the case and the accused, according to the new Law No. 30 of 2021 regarding the fight against drugs and psychotropic substances, in force as of January 2.

The Court Authority decided that the accused is a resident of the state, and he has a work in it, and a source of his livelihood is legitimate, and he has not previously been sentenced to any drug cases, so you see that he is worthy of canceling the deportation of the deportation issued against him.

• The accused has a business and a legitimate livelihood and has no precedents.