Criminal court acquits defendant of drug possession “in an unusual condition”.

KUWAIT CITY, Oct 15: The criminal court has acquitted a defendant accused of possessing narcotics (hashish) and psychotropic substances for the purpose of trafficking and consumption, while issuing a notable verdict warning Interior Ministry police officers against it to conduct searches without the public’s permission. Law enforcement. The court emphasized that observation of a defendant in an abnormal state does not automatically indicate the presence of external signs indicative of the crime of drug possession.

According to the court ruling, the incident began when a police officer stopped the defendant at a security checkpoint and noticed that he was behaving unusually. When an ID card was requested, it was discovered that the defendant did not have a driver’s license. Before placing him in the patrol vehicle, the officer conducted a precautionary search during which the seized substances were discovered.

The court ruled that although the defendant was lawfully stopped at the checkpoint, the officer should have stopped further action after discovering that the defendant did not have a driver’s license. The court found that the defendant did not meet any of the criteria set out in Article 55 of the Code of Criminal Procedure. Furthermore, the officer was unable to prove that the defendant had no permanent address, had no legitimate source of income, or had attempted to escape.

The court also pointed out that the officer’s statement did not indicate that the defendant refused to provide his name and address, gave false information or refused to go to the police station without giving reasons. The court held that the abnormal behavior alone did not provide sufficient external evidence to justify the search. There was no evidence that the defendant was known to the officer or that there were serious reasons to believe that he had committed a crime or misdemeanor. As a result, the search and arrest were deemed unlawful, rendering all evidence obtained through these proceedings invalid.

The court further stated that the police officer’s actions in arresting and searching the defendant and his car were not legally sanctioned, thereby rendering all subsequent procedures, including the transfer of the case to the public prosecutor’s office and the sending of the defendant’s urine sample for analysis, are invalid. Without a confession from the defendant about substance use, these proceedings were considered invalid. The court recognized that the defense argument put forward by the defendant’s lawyer, Abdul Mohsen Al-Qattan, was sound and supported by the facts of the case.