The Karnataka High Court in Bengaluru has denounced three police officers for wrongfully filing charges against two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Despite a forensic science laboratory (FSL) report proving the students' innocence, the court expressed grave concerns about the impact of false allegations on their lives. The court has ordered disciplinary action or a departmental inquiry against the involved officers, including the station house officer (SHO), the complaint filer, and the investigating officer. Within 12 weeks, the court has requested a report on the action taken.
The incident occurred on August 11, 2019, when a probationary police officer from Varthur police station reported catching the two students allegedly consuming ganja near Krupanidhi College. Although blood samples were taken and a complaint was lodged under section 27 of the NDPS Act, subsequent FSL testing revealed no narcotics in their blood. Despite this, the investigating officer proceeded to file a chargesheet under the same section, prompting a special court to issue summons to the students. The students contested the charges, citing significant personal and professional repercussions including missed job opportunities in the US. The SHO of Varthur police station acknowledged the error in filing the chargesheet, admitting it contradicted the FSL report. Justice Nagaprasanna noted various irregularities in the case after reviewing the evidence on record.The judge highlighted how the failure of the police to send the alleged 15 grams of marijuana for forensic analysis, the lack of proper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet continue to impact the petitioners. The judge deemed the actions of the three officers as causing harm to the petitioners. The judge also noted the discrepancies, such as the report from the Forensic Science Laboratory indicating no presence of illegal substances in the blood samples, despite the police recording otherwise in the chargesheet. The judge emphasized the need to hold accountable the station house officer, empowered officer, investigating officer, complainant, and the officer who conducted the seizure for jeopardizing the lives of the young students. A departmental inquiry was directed to be initiated by the disciplinary authority. Additionally, a directive was given 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. Failure to comply would result in disciplinary action against the officers. The court stressed the importance of combating drug crimes while following legal protocols, highlighting that any procedural violation could result in nullifying proceedings against the accused. Justice Nagaprasanna emphasized these points in the court order.