Legal Loophole Frees Moroccan Suspect in Major French Drug Bust

The repeal by the Constitutional Council of Article 60 of the Customs Code, allowing agents to check any vehicle without justification, has created a legal void, which benefits drug traffickers. This is the case of Mr. B., a Moroccan residing in Spain whose activity is to rent SUVs in the Toulouse region, to transport drugs. On January 7, the customs at the Capitou toll booth seized nearly 350 kg of cannabis resin hidden in 10 suitcases and worth an estimated market value of 693,000 euros.

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On Thursday, the defendant appeared before the Draguignan criminal court. At the bar, he explains that he is guilty of drug trafficking "in order to finance the operations of a sick mother." He bursts into tears. Three years in prison were requested against him. But Lady Luck was with the Moroccan. His lawyer Mehdi Khezami requests a procedural annulment on the basis of the repeal of Article 60 of the Customs Code. For 75 years, this article "recognized for customs agents a general right of visit of goods, means of transport and persons for the search of frauds" and allowed them "to carry out checks without particular justification", specifies Monaco-matin.

On September 22, 2022, the Constitutional Council had repealed this article, thus creating a legal void. "The Council specified that the customs measures taken before its decision could not be challenged, without further mentioning those subsequent to September 22, 2022," notes Khezami. "Logically, the control measure carried out on January 7, 2023 cannot fall within the scope of Article 60. [...] In the case of Mr. B., arrested at the Capitou toll booth, there was nothing suspicious in his driving or the condition of his vehicle that would have authorized the customs officers to check him."

Following the lawyer’s argument, the Draguignan criminal court annulled the procedure and Mr. B was released.