KCC 219/2017
This case involved individuals arrested for drug offences and their sentencing. A key point was the validity of arrest and investigation procedures.
Background
The office of public prosecution accused two defendants of possessing drugs in order to take them. The office requested the court to penalize the defendants according to the relevant laws.
The court acquitted the defendants and ruled that the drugs should be confiscated.
The office appealed the ruling before the court of appeal. The court dismissed the appealed ruling and suspended the announcement of the ruling on the condition that the defendants pay a guarantee of 500 Dinars each and show good conduct for on year.
The second defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had insufficient evidence of causation. He said that the inspection and arrest proceedings were invalid because they had not been approved by the office of public prosecution.
Decision
The court said that this argument was valid. The court said that the case documents revealed that the second defendant had been inspected and arrested without an approval from the office of public prosecution.
The court repealed the appealed ruling.