High Court criticizes police for destroying the futures of 2 students with fabricated drug charges
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 against two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite evidence from a forensic science laboratory (FSL) proving their innocence. Justice M Nagaprasanna, who reviewed a petition from students Hanumantha and Manjunatha of Gunjur near Varthur, raised concerns about the detrimental impact of the unfounded accusations by the police on their lives. The court has ordered disciplinary action or a departmental inquiry against the implicated officers, including the station house officer (SHO), the complainant officer, and the investigating officer. A report on the actions taken is to be submitted within 12 weeks. The series of events started on August 11, 2019, when probationary police officer Raj Kumar from Varthur police station alleged that he had apprehended the two students near Krupanidhi College for allegedly using ganja. Blood tests were conducted on the students, but subsequent FSL results showed no presence of drugs in their bloodstream. Despite this evidence, the investigating officer proceeded to file a chargesheet under the NDPS Act, resulting in a special court issuing summons to the students. The students protested, claiming they were falsely accused, which had severe personal and professional repercussions, such as missing out on job opportunities, including ones in the US. The SHO later admitted in court that there was a mistake in filing the chargesheet, contradicting the FSL report. Justice Nagaprasanna pointed out various legal irregularities in the case after reviewing the evidence.The judge highlighted that due to the failure of law enforcement officers to send the alleged 15 grams of marijuana to the FSL, lack of proper seizure records, and the omission of complainant Raj Kumar from the list of witnesses in the chargesheet, the petitioners continue to suffer. The judge noted the apparent malice in the actions of the officers. Despite the FSL report clearly stating that the blood samples did not contain any illegal substance, the police inaccurately recorded it in the chargesheet. The judge emphasized that the officers involved cannot evade responsibility for risking the lives of the young students. The disciplinary authority was directed to initiate a departmental inquiry. Additionally, a circular was ordered to be released by the competent authority 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, with potential disciplinary action for non-compliance. The court underlined the importance of tackling the drug issue while following legal procedures to prevent any escape routes for accused individuals due to procedural violations. Justice Nagaprasanna highlighted this in the court order.