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A non-Bhutanese was convicted for solicitation

Thimphu dzongkhag court’s bench I sentenced a 25-year-old man from Samtse to a year in prison for possession and abuse of marijuana on February 14.

Police arrested Subash Subba and a non-Bhutanese man near the Thimphu thromde office at 8pm on June 12, 2017, following a tip-off.

Subash Subba was caught with 33.324 grams of cannabis and he tested positive.

The two men admitted their charges in the court.

Subash Subba was convicted of possession and abuse, while the other person was convicted of solicitation.

The judgment stated that he violated sections 131 and 132 of the Narcotics Drugs ,Psychotropic Substance and Substance Abuse Act 2015. The crime was graded a misdemeanour.

Since he remained in detention for one month and five days, he is now liable for 10 months and 25 days in prison. He can pay Nu 40,625 in lieu of imprisonment.

The non-Bhutanese, Mozam Malhaq, had said he was unaware of the law that marijuana was illegal.

He was convicted for violating section 126 of the Penal Code of Bhutan, which states, “A defendant shall be guilty of the offence of solicitation to commit a crime, if the defendant purposely or knowingly solicits, requests, commands, or causes another person to commit a crime.”

The non-Bhutanese is given half the sentence handed down to Subash Subba who committed the crime as per section 135 (b) of the Penal Code.

Mozam Molhaq can also pay in lieu of the prison term for the remaining four months and 18 days.

The court ordered police and the Office of the Attorney General to hand over the confiscated cannabis to the relevant authorities for proper disposal.

Tshering Palden

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