In a first judgement of its kind after the recent legal reforms in the UAE, a deportation order of a man convicted of drug possession has been overturned.
The updated law removes mandatory deportation for drug offenders and, from January 2, 2022, gives judges greater sentencing discretion.
Though the amended law is not yet in effect, judges said the 40-year-old Uzbek drug convict may benefit from it and may stay on in the country.
“In the area of punishment assessment, the court cancels the measure of deportation imposed against the accused, considering that doing so is permissible in accordance with article 75 of the anti-drug law issued on 16 September 2021 as being the law that is more advantageous for the accused,” the Dubai Appeal Court said in its written verdict on December 7.
The man, a security company employee, was arrested on September 22, 2021 after a police tip that he had drugs in his possession.
A search of his car found 28 grams of hashish, a type of cannabis. A search of his home in Sharjah found no further drugs but a blood test confirmed he had the drug in his bloodstream.
After a hearing he was convicted by a judge at Dubai Misdemeanours Court on November 18.
The Uzbek man initially received a Dh5,000 fine and an order that he be deported from the country.
The new law allows the matter to be quickly dealt with without the need for court proceedings and mandatory prison terms. The penalties for smuggling larger quantities of any prohibited drug, above the threshold for personal consumption, remain severe.
