Kuwait Court of Cassation principle number 1267

The crime of holding the narcotic heroin with intent to traffic. Its penalty is death. Under Article 83 of the Penal Code, it may be reduced only to life imprisonment. Article 48 of the Narcotics Control Law. There is no scope for imposing a fine as a principal penalty in this case. The judgment's contravention thereof and imposition of fixed-term imprisonment and a fine. An error in the application of the law requiring its partial cassation and correction by imposing life imprisonment and cancelling the fine, even if the Public Prosecution's appeal did not include a challenge to that fine. Reason therefor. The Court of Cassation considers the appeal according to the true nature of the defect affecting the challenged judgment whenever the ground of appeal is broad enough to encompass it. - Connection of narcotics crimes with customs smuggling crimes:-