The Bhutanese Leading the way.
Five others await sentencing, including one for heroin and four for cannabis trafficking
Paro Dzongkhag Court on 14th July 2025 sentenced a 28-year-old Indian national, Meghan Vijay Gujuran, to 17 years imprisonment for illicit trafficking of 9.730 kgs heroin into Bhutan.
However, during the interrogation following his arrest, Meghan denied the charge of illicit trafficking, claiming that he brought the suitcase with him as per someone’s instruction, and was not aware of the heroin being hidden inside the suitcase.
He claimed that he was unemployed in Mumbai and had applied for a job online and later was contacted on WhatsApp by Madonna Kelvin, who informed him about a parcel to be collected from Laos.
He said that seeing this as a job opportunity, he travelled to Laos to collect the parcel. All ticket expenses for his travel from Mumbai to Laos was borne by Madonna, and he was also given an additional USD 500 for food and lodging.
After collecting the suitcase, he claimed that he was asked to take along the suitcase with him and travel to Delhi, India via Bhutan. He entered Bhutan but was apprehended at the Paro airport during a routine inspection of passenger’s luggage.
As per 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.”
Since heroin is listed under Schedule I of the Act as a narcotic drug with no medicinal value, the court ruled that heroin was found inside the suitcase that he 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 he has brought 9.730 kgs of heroin into Bhutan, the elements of ‘import’ were established.
The court found that all travel expenses of the perpetrator were borne by Madonna Kelvin. In addition, he was also given an extra USD 500 along with the suitcase which was sent to Bhutan. Despite these suspicious circumstances, he had failed to question why his route included entering Bhutan and also, he had not properly inspected what the suitcase contained.
His lawyer, however, argued that under the law of separate analysis, in proving possession, there is a need to distinguish between the possession of a container like a box, and the contents within it. Since the defendant has only brought the suitcase along with him on Madonna Kelvin’s instruction without being aware of the narcotic drug hidden inside of it, his lawyer argued that the defendant lacked the mens rea (criminal intent) necessary to constitute the offense of illicit trafficking.
Nevertheless, the court found that illicit trafficking is a strict liability offence, which means that proving the defendant’s intent or knowledge is not necessary to establish guilt.
Moreover, it was the duty of the defendant to inspect the content of the suitcase. The court found that the defendant failed to exercise the diligence required of a reasonable person saying “A reasonably prudent individual would have investigated the contents of the suitcase and questioned the motives behind such an arrangement, particularly given that all expenses were paid by a person he became acquainted with through online.”
Therefore, the court found the defendant’s claim of being unaware of the heroin being hidden in the suitcase lacking credibility.
In view of the findings, the court established beyond a reasonable doubt that the defendant possessed and imported 9.730 kilograms of heroin into Bhutan. Accordingly, he is found guilty of the offense of illicit trafficking of narcotic drugs, as defined under Section 139(1) of the Narcotic Drugs, Psychotropic Substances and Substance Abuse Act of Bhutan 2015.
Additionally, as per Section 140(1) of the same Act, the offence of illicit of any substance under Schedule I and II of this Act shall be a felony of the first degree if the quantity is equal to or more than two times the quantity determined in Schedule VII of this Act.
Since the seized heroin weighs 9.730 kgs exceeding the threshold set in Schedule VII, the offense qualifies as a first-degree felony.
Similarly, on 4th June 2025 a 50-year-old Indian national, Thanil Wahengbam was sentenced to 15 years imprisonment for smuggling 4.610 kgs of heroin into Bhutan. He was also arrested at the Paro Airport on 22nd December 2024.
Yet, five more cases of illicit trafficking by Indian nationals await sentencing, including one for heroin and four for cannabis trafficking.
The latest arrest was on 12th May 2025, as three Indians aged 28, 29, and 30 were arrested at the Paro International Airport for smuggling illicit substance. The customs officials intercepted the trio upon arrival from Bangkok and seized more than 7 kgs of dried cannabis leaves, reportedly of different species, concealed in their suitcases.
On 14th April 2025 a 34-year-old Indian national was arrested at the Paro International Airport for smuggling 7 kgs of cannabis.
On 4th February 2025 a 37-year-old Indian man was apprehended with 17.1 kgs of heroin. This is the largest seizure till date.
