In a recent legal case in Dubai, an appellate court upheld a fine of Dh5,000 for a visitor charged with smuggling prescription medication into the UAE, rejecting prosecutors’ request for a harsher penalty. The visitor, who had been detained in June at Dubai International Airport with 260 pills intended for his parents’ medical treatment, maintained that he had no criminal intent.
Hani Hammouda Hagag, the defense lawyer, argued before the Dubai appellate court that his client had brought the medication solely for his ailing parents, who have been residing in the UAE since the 1970s. “My client did not smuggle or possess the seized capsules for personal use. The pills were brought solely for his parents, who are registered patients with Dubai’s health authorities and have medical prescriptions for these medications,” Hagag stated. The defense provided documentation, including his parents’ medical diagnoses and prescriptions, to support this claim.
According to Hagag, the visitor had also obtained written authorization to carry the medication, which he presented to customs officers. However, Hagag argued that the customs officers did not thoroughly examine the documentation at the airport, which led to the misunderstanding and the subsequent charges.
The defendant was initially charged by prosecutors with smuggling and possessing nearly 70 grams of controlled substances without the necessary permissions. The Dubai Misdemeanours Court found him guilty and issued a fine of Dh5,000, applying leniency due to his circumstances and lack of criminal intent. In response, the defendant appealed the judgment, seeking to clear his name, while Dubai prosecutors filed a counter-appeal, requesting a substantially increased penalty of Dh1 million to serve as a deterrent.
During the appeal, Hagag continued to emphasize the lack of criminal intent on the part of his client, asserting that all necessary medical documents, prescriptions, and authorizations had been submitted to confirm the pills were intended solely for his parents, who suffer from kidney failure, hypertension, and other chronic health issues. “The defendant does not reside in the UAE; he came specifically on a visit to bring medications for his parents, after obtaining authorization from health authorities,” Hagag stated.
Ultimately, the appellate court dismissed the prosecutors’ appeal for a stiffer penalty and upheld the initial Dh5,000 fine. The court’s decision did not include any additional penalties or a deportation order against the defendant, allowing him to avoid further legal repercussions. This verdict underscores the importance of accurate documentation and verification processes for individuals carrying prescription medications across international borders.
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