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 a forensic science laboratory (FSL) report proving their innocence. The court, during a hearing on a petition filed by students Hanumantha and Manjunatha from Gunjur near Varthur, expressed serious concerns about the damaging impact of the false allegations made by the police on their lives. Justice M Nagaprasanna directed disciplinary action or a departmental inquiry against the officers involved, which include the station house officer (SHO), the officer who filed the complaint, and the investigating officer. The court requested an action-taken report within 12 weeks. The incident began on August 11, 2019, when probationary cop Raj Kumar from Varthur police station reported that he had apprehended Hanumantha and Manjunatha near Krupanidhi College for allegedly consuming ganja. A chargesheet under Section 27 of the NDPS Act was filed, and blood samples were taken from the students. However, a subsequent FSL report found no traces of narcotics in their blood. Despite this, the investigating officer proceeded with the chargesheet, leading to the students facing legal action. The students argued that they were falsely implicated, which had severe personal and professional repercussions, including missing out on job opportunities abroad. The SHO of Varthur police station admitted in court that there was an error in filing the chargesheet and acknowledged that it conflicted with the FSL report. Justice Nagaprasanna identified several irregularities in the case after reviewing the evidence.The judge highlighted that due to the failure of the police 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 petitioners continue to suffer today. The judge noted that the actions of the three officers were malicious, evident from the record. Despite the FSL report clearly stating that the blood samples did not contain any contraband substance, the police filed a chargesheet falsely claiming otherwise. The judge emphasized that the station house officer, the empowered officer, the investigating officer, the complainant, and the officer who drew the mahazar must be held accountable for jeopardizing the lives of the young students. The judge directed the disciplinary authority to initiate a departmental inquiry and ordered for a circular to be released by the competent authority, mandating all empowered officers to 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 against them. The court underscored the importance of combating the drug menace while following legal procedures, stating that any procedural violation could result in the nullification of proceedings against the accused due to loopholes created by the empowered officers.
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, ...