In Bengaluru, Karnataka High Court has criticized three police officers for falsely 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, while hearing a petition from students Hanumantha and Manjunatha, residents of Gunjur near Varthur in the city's tech corridor, raised concerns about how their lives were affected by unfounded allegations. The court ordered disciplinary action or a departmental inquiry against the station house officer (SHO), the officer who filed the complaint, and the investigating officer, and requested an action-taken report within 12 weeks.
The incident occurred on August 11, 2019, when probationary cop Raj Kumar of Varthur police station reported catching Hanumantha and Manjunatha allegedly consuming ganja near Krupanidhi College. A chargesheet was filed under Section 27 of the NDPS Act, and blood samples were taken from both students. However, later, an FSL report revealed no presence of narcotics in their blood. Despite this, the investigating officer proceeded with the chargesheet, prompting a special court to issue summons to the students. The students argued they were framed, resulting in significant personal and professional consequences, including missed job opportunities abroad. The SHO of Varthur police station admitted the mistake in court, acknowledging the chargesheet was inconsistent with the FSL report.
Justice Nagaprasanna identified various irregularities in the case after reviewing the evidence thoroughly.The judge pointed out that the petitioners are still suffering due to the failure of the police to send the alleged 15 grams of marijuana to the FSL, lack of proper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet. The judge noted the malicious behavior evident in the case, where the FSL report clearly stated that the blood samples did not contain any illegal substances or derivatives, contrary to the chargesheet filed by the police. The judge highlighted the responsibility of the officers involved in mishandling the case and directed the disciplinary authority to conduct an inquiry. Additionally, the court ordered 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 interpretation in the Ranjan Kumar Chadha case. Failure to comply would result in disciplinary actions against the officers. The court emphasized the importance of combating drug crimes while following legal procedures to avoid loopholes that could allow offenders to escape. Justice Nagaprasanna underscored the potential consequences of procedural violations, which could lead to the annulment of proceedings against the accused.