In Bengaluru, the Karnataka High Court has strongly criticized three police officers for wrongfully filing a chargesheet against two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite a forensic science laboratory (FSL) report proving their innocence. Justice M Nagaprasanna, in response to a petition from students Hanumantha and Manjunatha of Gunjur near Varthur, expressed grave concerns over the impact of false allegations by the police on their lives. The court has ordered disciplinary action or a departmental inquiry against the SHO, the officer who lodged the complaint, and the investigating officer, and requested an action report within 12 weeks. The incident occurred on Aug 11, 2019, when probationary officer Raj Kumar of Varthur police station reported to his superiors that he had caught the two students allegedly consuming ganja near Krupanidhi College. Despite a negative finding in the FSL report that showed no traces of narcotics in their blood samples, the investigating officer proceeded to file a chargesheet under the NDPS Act. This led to a special court taking cognizance of the case and issuing summons to the students. The students, arguing that they were setup, faced severe personal and professional consequences, including missed job opportunities. Subsequently, the SHO admitted the mistake in filing the chargesheet, which was in contradiction to the FSL report. Justice Nagaprasanna, upon reviewing the case materials, identified multiple illegalities.The judge highlighted that the petitioners continue to suffer due to the failure of police officers to send 15 grams of marijuana for forensic analysis, improper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet. The judge noted that the actions of the three officers were causing ongoing harm. The judge pointed out that there was clear malicious intent evident in the records. The report from the Forensic Science Laboratory clearly stated that the blood samples did not contain any illegal substances, but the police inaccurately claimed otherwise in the chargesheet. The judge stated that the station house officer, the empowered officer, the investigating officer, the complainant, and the officer who conducted the seizure must be held accountable for risking the lives of the young students. The judge directed the disciplinary authority to launch an internal inquiry.
Additionally, the judge ordered the competent authority to issue a circular instructing all empowered officers to strictly adhere to Sections 50 and 52A of the Narcotic Drugs and Psychotropic Substances Act, as well as the interpretation provided by the Supreme Court in the Ranjan Kumar Chadha case. Failure to comply would result in disciplinary action against the officers. The court emphasized the importance of combatting drug abuse while following proper legal procedures. Justice Nagaprasanna warned that any procedural violations could result in the dismissal of charges against the accused, enabling them to evade justice due to oversights by empowered officers.