On 26th July 2021 a sensational robbery took place in a house near the Centenary Farmer’s Market or Sabzi Bazar when six people of whom 4 are ex-convicts robbed a house and stole Nu 26 mn worth of valuables and cash including taking away the whole safe box.
They stole four Dzees (cat-eye), other ornaments, gold and Nu 2.7 mn in cash.
The police arrested two of the robbers in Thimphu and the other four were arrested in Samtse. The Samtse Police said that though the suspects had all the valuable items with them during the time of their arrest, they did not have the Dzees with them. Upon asking them, the suspects claimed that they lost all the Dzees while trying to escape from the police.
However, the police later found out that the three suspects swallowed the four Dzees and a Juru (coral bead) to conceal them from the police. The truth came out when the police had taken the suspects to scan them through x-ray. Police recovered all the four Dzees as and when the suspects defecated.
Nu 2.7 mn were divided equally among the 7 suspects. Police could recover just Nu 17,000 in their possession.
The police could not recover a lot of gold items, the cash and other valuables worth millions.
They have confessed to the crime and the robbers said that they were informed about the cash and valuables by an ex-employee of the victim.
The individuals who burglarized the victim’s house were charge-sheeted, which resulted in their conviction.
The case proceeded up to the Supreme Court. During these proceedings, it was discovered that Sonam Drukpa also known as ‘Gunda Chunku’ was allegedly connected to the crime as the possible mastermind.
Consequently, he was formally arrested on 29th March 2023 at Motithang, Kuenga Choeling, where his gambling house was located. His accountant Pema Jamtshen Dorj was also arrested.
The OAG charge sheeted this as a separate case on 5th July 2023 at the Thimphu District Court. This case was important to try and recover the remaining 50 percent or so of the Nu 26 mn in valuables and cash stolen.
In its case against Sonam Drukpa the OAG charged him with Solicitation to Larceny saying
Sonam knowingly solicited Sanjay Subba and Phuntsho Dorji to burglarize the residence of victim Sonam Choden.
Acting upon his request, Sanjay Subba, Phuntsho Dorji, Sherab Tenzin, Karma Gyeltshen, and Tshering Wangchuk committed burglary and stole valuable items worth Nu. 26 mn.
He was also charged with Money Laundering. The OAG said that after the burglary, the stolen items were handed over to Sonam Drukpa, who sold them in exchange for money. He then used the proceeds to lend money to gamblers while taking vehicles and other valuable items as collateral at a gambling house, where he acted as the host.
As for the grading, the total collateral obtained from gamblers amounted to Nu. 9.839 mn thereby qualifying for a third-degree felony.
Pema Jamtshen Dorji was charged for Aiding and Abetting Money Laundering.
The OAG said that as per the instructions of Sonam Drukpa, Pema Jamtshen Dorji, who served as the accountant of Sonam Drukpa, facilitated money lending to gamblers. He sanctioned the disbursement of funds to gamblers seeking loans from Sonam Drukpa and collected valuable items as collateral on behalf of Sonam Drukpa.
The Thimphu District Court on 26th December 2024 in its judgement stated that while circumstantial evidence indicated the suspects’ involvement, there was no direct evidence proving their participation in the commission of the offenses beyond a reasonable doubt.
Consequently, invoking Section 156 of the Civil and Criminal Procedure Code (CCPC), 2001, the court rendered a deferred judgment, granting the defendants the benefit of the doubt unless new direct evidence emerges in the future.
However, since Sonam Drukpa confessed to the offense of Gambling, the court convicted him for a petty misdemeanor. Given that he had already served time in detention while awaiting trial at the Thimphu District Court from his arrest on 29/03/2023 until the judgment date on 26/12/2024, the court considered his sentence as time already served.
The end result is that victim and her family have recovered only around 50 percent of the Nu 26 mn that was robbed from them. The deferred judgment also makes it very difficult for the OAG to appeal to the higher courts as there is no definitive judgment.