The Third Circuit of the Criminal Court has overturned a previous conviction and sentence against a defendant charged with possession of hashish and intoxicants for personal use. The individual, who had been sentenced in absentia to four years’ imprisonment with hard labor and fined KD 4,000, was acquitted on the grounds that the search leading to the evidence was unlawful.

The court’s decision came after it was determined that the arresting officer conducted the search without a warrant from the Public Prosecution and without evidence of flagrante delicto, during an arrest initially related to a theft case. The court underscored that the legal principle allowing search upon arrest does not permit authorities to conduct searches unrelated to the specific alleged crime. It clarified that judicial officers do not have unrestricted authority to search for evidence of offenses beyond the scope of the initial arrest.

Furthermore, the court expressed skepticism toward the arresting officer’s testimony concerning an accusation that the defendant resisted a police officer. It noted that the case file lacked any forensic evidence to substantiate this claim, thereby weakening the prosecution’s position.

The defendant’s legal counsel, Lawyer Abdullah Al-Alanda, argued that the procedures for both the search and the collection of samples were invalid, asserting that the evidence obtained should not have been admissible in court. The Third Circuit’s ruling ultimately accepted this argument, leading to the reversal of the earlier conviction and the defendant’s acquittal.