KCC 1342/2016

This case involved the validity of individuals found guilty of drug offences. A key point was the validity of the arrest and evidence.

Background

The office of public prosecution accused two defendants of possessing drugs for the purposes of taking and accused the first defendant of driving a car under the influence of drugs.

The court ruled that the defendants should be imprisoned for five years each. The court ruled that each defendant should pay a fine of 5000 Dinars. The court ruled that the driving licence of the first defendant should be dismissed for one year. The court ruled that the second defendant should be deported from Kuwait after the execution of the ruling.

The defendants appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the defendants should be imprisoned for four years each and that they should pay a fine of 1000 Dinars each. The court upheld the appealed ruling otherwise.

The second defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the arrest proceedings were invalid.

Decision