The Bhutanese Leading the way.
An Indian national named Aamir Rasul Shikalgar has been sentenced to 20 years for drug smuggling into Paro Airport from Thailand.
On 04/02/2025 at around 12:30 pm, the Department of Regional Revenue and Customs seized 19.289 kilograms of heroin from the bag of an Indian national, Aamir Rasul Shikalgar during a routine luggage inspection. Aamir arrived at the Paro International Airport from Thailand. The Office of the Attorney General (OAG), hence, charged the defendant for illicit trafficking of narcotic drugs under Section 139(1) of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act of Bhutan 2015.
The Defendant, however, denied the charge of illicit trafficking, claiming that he was merely following instructions from his friend, Tanvir Bolin, who had promised him a job with no associated risks. According to Aamir, he travelled to Laos with his family for this purpose, with all travel expenses covered by his friend Tanvir. While in Laos, he was approached by two unidentified individuals who gave him a total of USD 900 in three separate installments and handed him three different suitcases. Aamir stated that he was unaware of any heroin concealed inside the luggage. He entered Bhutan on a connecting flight from Laos and was subsequently apprehended at the airport.
The questions before the court was whether the defendant’s action of possessing and importing 19.289 kgs of heroin powder into Bhutan constitute an offence of illicit trafficking of narcotic drugs under the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act of Bhutan 2015.
Court Findings
Pursuant to Section 139(1) of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act of Bhutan 2015, “A defendant shall be guilty of the offence of Illicit trafficking of narcotic drugs and psychotropic substances if he or she possesses, imports, exports, stores, sells, purchases, transports, distributes, or supplies any substances under Schedules I and II of this Act regardless of the degree of purity or formulation. Heroin is listed under Schedule I of the Act as a narcotic drug with no medicinal value. Additionally, Schedule VII sets the amount for illicit trafficking of heroin at two grams, regardless of its purity or formulation.
As per the report of the Bhutan Food and Drug Regulatory Authority, the 19.289 kgs of heroin powder seized from the defendant has been identified as a narcotic drug with no medicinal value under Schedule VII of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act of Bhutan 2015. Additionally, it has been established that the narcotic drug seized from the defendant’s possession far exceeds the legal threshold (less than 2 grams) stipulated under Schedule VII of the Act.
In the defendant’s statement to the police, he claimed to have simply collected the parcel from the unknown lady and had no knowledge of heroin being hidden in the suitcase. However, the court finds that there is no requirement to prove the defendant’s intent or awareness. Mere ‘possession’ or ‘import’ of a controlled substance listed under Schedule I is sufficient to establish the offense of illicit trafficking. Since the heroin was found inside the suitcase that the defendant personally transported, ‘possession’ has been clearly established.
Further, Section 165(23) of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act of Bhutan 2015 defines “Import” as the physical transfer of controlled drugs and substances from one country to another country. Since the defendant has brought 19.829 kilograms of heroin from Laos into Bhutan, the legal definition of ‘import’ is established.
The court found that all travel expenses of the defendant– for his travel from Laos-Thailand-Bhutan including all logistics arrangements– were borne by his friend Tanvir Bolin. In addition, he was also promised an extra Rs. between 40,000/- to 50,000/- if the defendant took the parcel to the Indian border. Despite these suspicious circumstances, the defendant failed to question why his route included entering Bhutan and also he had not properly inspected what the suitcase contained.
This court also found that it is the duty of the defendant to inspect the content of the suitcase and the defendant failed to exercise the diligence required of a reasonable person. Any reasonably prudent individual would have investigated the contents of the suitcase and questioned the motives behind such an arrangement. Therefore, the court found the defendant’s claim of being unaware of the heroin being hidden in the suitcase lacking credibility.
The court said it has been established beyond a reasonable doubt that the defendant possessed and imported 19.289 kilograms of heroin into Bhutan. Accordingly, as per Section 140(1) of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act of Bhutan 2015 and Section 8 of the Penal Code of Bhutan, 2024, the defendant is sentenced to twenty years of imprisonment from the date of his arrest that is 04/02/2025.
