Dubai: Dubai Misdemeanour Court has cancelled the deportation order against a man based on the new amendments in the UAE’s anti-narcotics law.
The man was arrested by Dubai Police for consuming illegal drugs, found guilty by a court, and issued a Dh3,000 fine and deportation.
The man was convicted in absentia but his lawyer appealed and asked in his defence to the judges to implement Article 75 of the new Decree No 30 of 2021, on narcotic and psychotropic substances, which came into effect on January 2.
Bader Khamis from World Centre Advocates and Legal Consultant said he asked the court to implement the new amendment, which says that deportation is not mandatory in personal use or possession of drugs and the amendment leaves the decision up to the judge to decide if someone convicted is allowed to stay in the UAE.
Request to use ‘more favourable law’
“The suspect has no prior criminal record, is a young man who has a job. He doesn’t present any criminal danger, which is a must in deportation. I asked the court to use the more favourable law for the accused,” said Khamis.
The suspect attended the appeal hearing, admitted of consuming drugs and asked for mercy. The court upheld the fine of Dh3,000 and cancelled the deportation.
According to official records, the judges removed the deportation as the suspect is a UAE resident who has a job and has never been convicted in drug cases previously.
What had happened?
Dubai Police had received information about the suspect possessing drugs. He was arrested and a lab test showed that he had consumed marijuana. He admitted the charges during interrogation and was charged with using illegal drugs.
“We asked the court to use Article 13 of the punishment law, which says if a law more favourable to the accused is issued after the perpetration of a crime and before rendering a final judgement, it shall be applied,” added Khamis.