KCC 1038/2016

This case involved an individual accused of possessing drugs and driving under the influence of drugs, A key point was the validity of his arrest as the grounds of flagrancy had not existed.

Background

The office of public prosecution accused a defendant of possessing two types of drugs in order to take them and driving a car under the influence of drugs. The office requested the court to penalize the defendant according to the relevant laws.

The court ruled that the defendant should be imprisoned for two years and that he should pay a fine of 1000 Dinars. The court also ruled that the defendant’s driving licence should be dismissed for one year.

The defendant appealed the ruling before the court of appeal. The court amended the appealed ruling and suspended the announcement of the ruling on the condition that the defendant paid a guarantee of 100 Dinars and displayed good conduct for one year.