In Bengaluru, the Karnataka High Court has strongly criticized three police officers for falsely charging two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite forensic evidence proving their innocence. Justice M Nagaprasanna, while handling a petition filed by students Hanumantha and Manjunatha from Gunjur near Varthur, expressed deep concerns about the negative impact of false accusations on their lives. The court ordered disciplinary action or a departmental inquiry against the SHO, the officer who filed the complaint, and the investigating officer. It also requested a report on the action taken within 12 weeks.
The incident began on Aug 11, 2019, when probationary officer Raj Kumar from Varthur police station reported apprehending the two students near Krupanidhi College for allegedly using ganja. Despite a forensic report showing no drug traces in their blood, the investigating officer proceeded to file charges under the NDPS Act. This led to a special court issuing summons to the students, who contested the charges and faced significant personal and professional repercussions, including missing out on job opportunities. The SHO of Varthur police station acknowledged the error in filing the chargesheet during the court proceedings.
Justice Nagaprasanna, upon examining the case, highlighted various illegalities and directed further action against the involved police officers.The judge highlighted that due to the negligence of the police in not sending the alleged 15 grams of marijuana for forensic analysis, the lack of proper seizure documentation, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet, the petitioners continue to suffer. "The malicious intent is evident from the record. The forensic report clearly states that the blood samples did not contain any illegal substances or their derivatives, yet the police proceeded with charging them," the judge stated. The judge emphasized that the station house officer, investigating officer, complainant, and the officer responsible for documenting the seizure should be held accountable for endangering the lives of the students. The judge ordered the disciplinary authority to conduct an inquiry. Additionally, a directive was issued for the competent authority to issue a circular mandating all empowered officers to strictly adhere to Sections 50 and 52A of the NDPS Act and the Supreme Court's ruling in the Ranjan Kumar Chadha case, with a warning of disciplinary action for non-compliance. Stressing the importance of combating drug abuse while following legal procedures, the court warned that any procedural violations could result in the dismissal of charges against the accused due to loopholes created by the empowered officers, as noted in Justice Nagaprasanna's ruling.