KCC 906/2018
This case involved an individual charged with a drug offence. A key issue was the validity of the arrest.
Background
The office of public prosecution accused two defendants of possessing drugs for the purpose of taking. The office requested the court to penalize the defendants according to the relevant laws.
The court ruled that the two defendants should pay a guarantee of 500 Dinars each and to demonstrate good conduct over the next two years.
The first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The first defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling haderred in the application of law. He said that the arrest proceedings were invalid and violated Article No. 43, 53 and 57 of Kuwait Law No. 17/1960 .
The court said that this argument was valid. The court said that the case documents revealed that the police officer who had arrested the defendant had not received approval from the office of public prosecution before the arrest.
The court repealed the appealed ruling.