Dubai Courts cancelled the deportation of an Uzbek man convicted of personal drug use and possession based on the new drug law, set to come into effect on January 2, 2022.
The man, 40, was arrested on September 22, when Dubai Police officers found a drug substance in his car after receiving a tip about his possession. The man’s urine tests confirmed his drug use, which he also confessed to in the Dubai Misdemeanour Court.
The court convicted the man of drug use and possession on November 18, ordering his deportation and Dh5,000 fine.
However, his Emirati lawyer, Mohammad Al Redha, appealed against the verdict, resorting to Article 75 of the new anti-narcotics law that cancels the previous mandatory deportation of expats convicted with drug abuse or possession for personal use.
He also referred to the Article 13/1 of the Federal Penal Code that stipulates that if a law more suitable to the accused is enacted after the crime happened and before a final ruling is issued, the more suitable law should be applied exclusively.
In the man’s defence, the lawyer told the court: “The accused has been living in the country for over 20 years with no criminal record. Since he is the sole provider for his family, his deportation from the country would cause great harm. He also expressed regret for his wrongdoing in his confession throughout the court proceedings.”
On December 7, the Dubai Court of Appeal cancelled the deportation order against the convict, but kept the Dh5,000 fine.
In its verdict, the Court of Appeal said: "The court cancels the deportation against the convict based on Article 75 of the anti-narcotics law that makes the deportation optional.”
The Federal Decree Law No. 30 of 2021 on combating narcotics and psychotropic substances was issued among the UAE’s largest legislative reforms announced last month. The law is to come into effect from January 2, 2022, bringing key changes including rehabilitation of first-time drug users and optional deportation of expat drug convicts.
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