KCC 78/2013

This case involved an individual convicted of taking drugs. A key question was whether his sentence should have been being sent to rehab and if the investigation procedures were valid when the police had received information from his family.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of possessing drugs for taking purposes had insufficient evidence of causation and had erred in the application of law. He said that he had maintained before the court that the arrest proceedings were invalid because the officer did not receive the relevant order from the office of public prosecution and flagrancy did not exist but the court dismissed this defence. He said that he requested the court to refer him to rehab in accordance with Article 33(2) of Kuwait Law No. 74/1983 but the court dismissed his request.

Decision