KCC 1060/2017

This case involved the validity of an arrest of individuals accused of a drug offence and selling alcohol without a licence.

Background

The office of public prosecution accused four defendants of possessing drugs to take. The office accused the first and second defendants of selling alcohol without a licence. The office requested the court to penalize the defendants according to the relevant laws.

The court acquitted the first, second and fourth defendants. The court ruled that the third defendant should be imprisoned for three years and that he should pay a fine of 5000 Dinars.

The third defendant made an objection to the ruling. The court amended the ruling and suspended the announcement of the ruling on the condition that the defendant pay a guarantee of 300 Dinars and demonstrated good conduct for two years.

The office and the defendant appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the defendant should be imprisoned for three years and four months and that he should pay a fine of 1000 Dinars.

Decision