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Interestingly, the man claimed that he had consumed the drug unknowingly in India before coming to the UAE. But the court did not accept his plea and sentenced him on the ground that traces of hashish was found in his urine.
The Public Prosecution had charged Saeed. R of smoking hashish and asked the competent court to punish him according to Islamic Shariah Law and anti-narcotic legislation. The Court of First Instance handed down a verdict of four years in prison on him and his appeal at the Abu Dhabi Court of Appeal was rejected.
Saeed moved the apex court and maintained that a man in India had given him a cigarette and he smoked it a week before his arrival in the UAE. He did not know the content of the cigarette before he smoked it.
The Federal Supreme Court stated that any national who had committed an offence outside the UAE was subject to legal action only upon the request of the Attorney General. And that should be done when no final ruling is issued by foreign courts provided that the criminal suit against
the accused is held in the capital of the country, the court said.
As for his claims that he had smoked the stuff in India, the court concluded that he was not honest in what he said and has not provided any evidence to substantiate his statements. The court also pointed at the criminal laboratory report which confirmed traces of hashish in his urine, proving that he had actually smoked more than one cigarette.
The court held the view that the accused had indeed known that the content of the cigarette he smoked was hashish and rejected the appeal.
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