Kuwait Court of Cassation principle number 5

Summary: - Analysis of seized items. It suffices that it be performed on part of the total psychotropic substances seized. Reason: nothing in the law requires analysis of all the seized items. - The court's satisfaction that the seized psychotropic tablets are the very ones delivered to the Public Prosecution and undergoing analysis, and its confidence in the sealing procedures. The appellant's objection concerning the possibility of tampering with the sealed exhibits. Unfounded and does not require an express response, the evidence of guilt recited by the judgment being sufficient. Rule: Since it suffices that analysis be performed on part of the total psychotropic substances seized, and nothing in the law requires analysis of all the seized items, and the papers establish that the Public Prosecution sent samples of the seized tablets for analysis, and the court was satisfied that the seized psychotropic tablets were the very ones delivered to the Public Prosecution and analyzed, and had confidence in the sealing procedures, no fault attaches to it for deciding the case on that basis. The female appellant's assertion of possible tampering with the sealed exhibits is therefore unsupported and constitutes merely a factual defense that does not require an express response from the court, the evidence of guilt it recited being sufficient. The female appellant's objection in this regard is without foundation.