05/01/2026
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05/01/2026
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KUWAIT CITY, Jan 5: The Court of Cassation overturned the verdict of the Court of Appeals that sentenced two defendants in a liquor trafficking case to prison, and upheld the lower court’s acquittal ruling. The Court of Cassation concluded that the arrest and search procedures carried out during a sting operation conducted by the Drug Control General Department (DCGD) were invalid. In its reasoning, the highest court affirmed the validity of the argument raised by the defendants’ lawyer, Attorney Abdul Mohsen Al- Qattan, regarding the invalidity of the arrest and search warrant due to its issuance and expiration before the procedure was executed.
The court considered this argument to be sound as per the Code of Criminal Procedure. It explained that Article 44 of the law stipulates that a written warrant is required for a search, which was not the case here. It emphasized that mere suspicion or observing the accused in an “abnormal state” does not constitute a state of flagrante delicto that permits arrest and search without a warrant. The case details revealed that the Public Prosecution accused the defendants of possessing alcoholic beverages with the intent to trade and distribute them. They were apprehended in Hawally through a sting operation carried out using an informant who was provided with marked money to purchase alcohol.
The operation resulted in the discovery of 27 bottles of Chivas and 36 bottles of Black Label, in addition to KD395.
The arresting officer indicated that the defendants admitted the seized items belonged to them and were intended for sale. However, the defense argued during the proceedings that the search warrant was not valid at the time of the operation, thus, invalidating the arrest, the search, and the resulting evidence. The Court of Cassation accepted this argument, hence, acquitting the defendants and reaffirming that invalid procedures cannot be used as basis for a conviction.
By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff
