The Dubai Misdemeanor Court recently made a significant decision in a case involving a Gulf man accused of using cannabis while under periodic examination.
Originally sentenced in absentia to three months' imprisonment, the court overturned this ruling and instead imposed a fine of 10,000 dirhams upon the defendant in his presence.
According to the court's assessment, the defendant was under the after-care system known as "periodic examination" at the General Administration for Drug Control. He had consented to undergo periodic and surprise drug tests, agreeing to bear the legal consequences of any violations. Additionally, he had been provided with a schedule for these examinations.
When the time for his scheduled examination arrived, the defendant presented himself to the administration and provided a sample. Subsequent forensic analysis confirmed the presence of hashish in the sample, and the defendant admitted to its use.
Upon reviewing the defendant's record via the Public Prosecution system, the court noted that he had no prior convictions related to similar offenses, as stipulated by Law No. (30) of 2021 concerning the combatting of narcotic drugs and psychotropic substances.
Initially sentenced to imprisonment in absentia, the defendant contested the ruling. The court accepted his opposition and opted to amend the sentence, substituting imprisonment with a monetary fine.
This decision marks a departure from the original sentence, reflecting the court's consideration of various factors including the defendant's cooperation with authorities, lack of prior convictions, and adherence to the terms of the periodic examination program. By imposing a fine rather than imprisonment, the court has chosen a punitive measure that aims to deter future infractions while also allowing the defendant to remain within the community. It underscores the nuanced approach taken by the judiciary in addressing drug-related offenses, balancing accountability with rehabilitation and social reintegration.
