In Bengaluru, the Karnataka High Court has criticized three police officers for wrongly charging two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite a forensic science laboratory (FSL) report proving their innocence. Justice M Nagaprasanna, presiding over a petition from students Hanumantha and Manjunatha, residents of Gunjur near Varthur in the city's tech corridor, expressed serious concerns regarding the impact of false accusations made by the police on their lives. The court has ordered disciplinary action or a departmental inquiry against the involved officers — the station house officer (SHO), the officer who lodged the complaint, and the investigating officer. A report on the actions taken is required to be submitted within 12 weeks.
The incident occurred on Aug 11, 2019, when probationary police officer Raj Kumar of Varthur police station informed his superiors that he apprehended the two petitioners (Hanumantha and Manjunatha) allegedly using ganja near Krupanidhi College. A report was registered under Section 27 of the NDPS Act, and blood samples were collected from the duo. However, a later FSL report found no evidence of narcotics in their blood. Despite this, the investigating officer proceeded to file a chargesheet under the same section of the NDPS Act, resulting in a special court acknowledging the case and issuing summons to the students. The students contested these charges, claiming they were framed, which led to significant personal and professional repercussions. The false allegations also caused them to miss out on various job opportunities, including those in the US.
During the court proceedings, the SHO of Varthur police station acknowledged the mistake in filing the chargesheet, admitting it contradicted the FSL report. Justice Nagaprasanna, after reviewing the case materials, identified multiple illegalities in the handling of the case.The judge highlighted several issues regarding the police handling of a case involving alleged drug possession. These included the failure of the officers to send the supposed 15 grams of marijuana to the FSL, inadequate seizure records, and the exclusion of a key witness from the chargesheet. The judge noted that these actions by the officers continue to negatively impact the petitioners. The judge pointed out that the FSL report clearly stated that the blood samples did not contain any illicit substances, despite the chargesheet claiming otherwise. The judge emphasized that the officers involved must be held accountable for jeopardizing the lives of the individuals involved, and called for a departmental inquiry to be initiated. Additionally, the judge instructed for a circular to be issued mandating that all empowered officers strictly adhere to relevant sections of the NDPS Act and follow legal precedents, with the threat of disciplinary action for non-compliance. The court stressed the need to combat drug-related issues while upholding legal processes, warning that any procedural errors could result in the dismissal of the case against the accused individuals.