A passenger, accused of bringing and possessing amphetamine pills and e-cigarettes containing cannabis-liquid, escaped lengthy imprisonment and ended up with a Dh10,000 fine after his lawyer convinced the court to downgrade his charges.
Following his arrival at the Dubai International Airport in June 2023, Dubai prosecutors accused the Arab man of bringing and possessing 24 e-cigarettes containing an oily substance mixed with cannabis and 19-and-a-half amphetamine pills.
The illegal substances that were seized in his possession at Terminal 3 were 24 e-cigarettes containing, as per the arraignment sheet, an oily substance melded with cannabis weighing totally 23.5gr, and the amphetamine weighed 3.87gr.
Prosecutors referred the defendant to the Dubai Criminal Court and asked for the implementation of the toughest punishment applicable, without specifying his intent behind the possession.
“The forensic lab was unable to specify the exact weight of the drug substance [cannabis] melded with the liquid inside the e-cigarettes. Also, the lab couldn’t specify whether the cannabis material had been put up in the e-cigarette before or after they were manufactured to know the exact weight of the illegal substance, aside from the weight of e-cigarettes’ filters (independently),” the defendant’s lawyer Massouma Al Sayegh, of Dar Al Balagh Advocates, argued before the court.
The lawyer defended that the basic aim behind specifying the exact weight of the illegal substance was to prove that it totalled less than 20gr, otherwise her client would have faced a lengthy punishment and a deportation, citing the punishments [jail up to 10 years and deportation] stipulated by the Penal Code No.30 of 2021.
When the case was referred to the Dubai Criminal Court, the lawyer convinced the bench of judges to refer the seized possessions to the forensic lab to have them re-examined and specify the exact weight of the illegal substances.
During prosecution questioning, the defendant pleaded guilty and confessed that he brought and possessed the substances for his personal consumption. He had tested positive for amphetamine.
In his plea before the primary court, the defendant denied prosecutors’ charges that he brought and possessed the illegal substances without any intention. He admitted that he possessed them for his personal usage.
Lawyer Al Sayegh argued that her client brought in and possessed the mind-affecting substance for his personal consumption.
“Prosecutors’ accusations are unfounded and baseless,” she defended, asking the court to dismiss the accusation of bringing in and possessing drugs without intention.
She further asked the court to downgrade her client’s accusation from the crime of bringing and possessing drugs, to the misdemeanour of bringing and possessing mind-affecting substance for personal usage.
The Dubai Criminal Court acquitted the defendant of bringing in and possessing drugs [cannabis] after the forensic lab could not specify the exact weight of the seized substance. The accused was fined Dh10,000 for bringing and possessing a mind-affecting substance [amphetamine] for his personal usage.
According to the judgement, the defendant was also barred from depositing or transferring any money, himself or by the assistance of others, unless he obtains a permission to do so from the UAE Central Bank and in coordination with the Interior Ministry within two years from enforcing his punishment.
The Dubai Appeal Court upheld the primary ruling.
Source: Khaleej Times
