High Court criticizes police for destroying the futures of 2 students with baseless drug allegations
Bengaluru: Karnataka high court has condemned the actions of three police officers for filing a false chargesheet against two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, ...
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In Bengaluru, the Karnataka High Court has criticized three police officers for submitting a false chargesheet under the Narcotic Drugs and Psychotropic Substances (NDPS) Act against two students. This decision was made despite forensic evidence from a laboratory confirming the students' innocence. During the hearing of a petition from the students, Hanumantha and Manjunatha, who live in Gunjur near Varthur in the city's technology hub, Justice M Nagaprasanna expressed serious concerns about the impact of the false allegations made by the police on their lives. The court has instructed that disciplinary action or a departmental inquiry be initiated against the involved officers, which includes the station house officer (SHO), the officer who filed the complaint, and the investigating officer. A report on the actions taken is to be submitted within 12 weeks. The incident occurred on August 11, 2019, when the complainant, probationary officer Raj Kumar of Varthur police station, reported that he had apprehended the two petitioners for allegedly consuming ganja near Krupanidhi College. Blood samples were taken, and a complaint was filed under Section 27 of the NDPS Act. However, a subsequent FSL report revealed that there were no narcotics found in their blood. Despite this, an chargesheet was filed under the same section, leading to the case being accepted by a special court and summons issued to the students. The students contested the charges and highlighted the negative impact it had on their personal and professional lives, even resulting in missed job opportunities, including abroad. The SHO of Varthur police station admitted the mistake in filing the chargesheet, acknowledging that it contradicted the FSL report. Justice Nagaprasanna reviewed the case materials and noted several irregularities.The judge highlighted that the petitioners continue to suffer due to the cops' failure to send the alleged 15 grams of marijuana to the FSL, the absence of proper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet. The judge pointed out that the actions of the three officers have had a negative impact. The judge emphasized that a departmental inquiry should be initiated against the station house officer, the empowered officer, the investigating officer, the complainant, and the officer who prepared the seizure report for mishandling the case. The judge also instructed 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 action. The court underscored the importance of combatting drug crimes while following legal procedures correctly to prevent accused individuals from escaping due to errors made by empowered officers.