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Citizen acquitted of drug trafficking and consumption charges due to invalidity of arrest and search warrant

Citizen acquitted of drug trafficking and consumption charges due to invalidity of arrest and search warrant

The Criminal Court, presided over by Advisor Hamad Al-Wazan and with the membership of Judges Abdulaziz Adel Al-Namsh and Ahmed Mohammed Nour Al-Huda, acquitted a citizen of the charges of trafficking in narcotics and psychotropic substances and of using them, due to the invalidity of the Public Prosecution’s arrest and search warrant, which was based on unsubstantiated investigations.

According to the General Administration of Narcotics Control’s union representative, the case summary involves information received from a confidential source indicating that the accused possessed narcotics and psychotropic substances with the intent to traffic and use them. After conducting investigations, the officer obtained a warrant from the Public Prosecution to apprehend the accused and search his residence.

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During the Public Prosecution’s investigations, the accused denied the charges against him and affirmed his lack of connection to the seized items. He stated that he was arrested inside a majlis belonging to his friend during a visit, and that his friend fled immediately upon the arrival of the investigation officers. He added that he directed the investigation officers to his home after his arrest.

Lawyer Bashar Al-Nassar argued for the invalidity of the Public Prosecution’s arrest and search warrant, citing that it was based on unsubstantiated investigations and the resulting procedural actions.

Al-Nassar clarified that the investigation officer stated before the Public Prosecution that he had monitored the accused for five days, but failed to specify the facts or actions that confirmed the accuracy of the information from the confidential source. Furthermore, the officer stated before the court that he observed two incidents he described as suspicious, without clarifying their nature or the basis for his belief that they involved drug trafficking.

He added that if the officer had conducted serious investigations throughout that period, he would have been able to catch the accused in the act of selling or buying drugs, or to identify the type of narcotic substance, its source, and the individuals dealing with him. This, according to the defense, confirms the lack of seriousness in the investigations.

The court concluded by acquitting the accused, accepting the invalidity of the Public Prosecution’s warrant due to its reliance on unsubstantiated investigations, and the invalidity of all procedures resulting from it.

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