High Court criticizes police for destroying the futures of 2 students with unfounded drug accusations
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 criticized three police officers for wrongfully filing charges against two students under the NDPS Act, despite evidence from a forensic science laboratory proving their innocence. The court, during a petition hearing from students residing in Gunjur near Varthur, expressed concerns about the impact of false allegations on the students' lives. The court ordered disciplinary action or a departmental inquiry against the SHO, the officer who filed the complaint, and the investigating officer. The court requested an action-taken report within 12 weeks. The incident occurred in August 2019 when a probationary cop reported catching the students consuming ganja near Krupanidhi College. Despite the FSL report revealing no traces of narcotics in their blood, a chargesheet was filed under the NDPS Act. This led to job opportunities being lost, including prospects in the US. The SHO admitted the mistake in filing the chargesheet before the court. Justice Nagaprasanna identified various illegalities in the case.The judge brought attention to the detrimental impact caused by three officers' neglect in sending the claimed 15 grams of marijuana for forensic analysis, insufficient seizure documentation, and failure to include complainant Raj Kumar as a witness in the chargesheet, which continues to affect the petitioners. The judge highlighted the evident maliciousness in the actions taken. Despite the Forensic Science Laboratory (FSL) report clearly stating the absence of any illicit substances in the blood samples, the police inaccurately documented this in the chargesheet. The judge emphasized the accountability of the station house officer, empowered officer, investigating officer, complainant, and the officer who prepared the mahazar, urging for a disciplinary inquiry. Additionally, a directive was given for a circular to be issued by the competent authority mandating the adherence to specific sections of the NDPS Act and the Supreme Court's ruling in the Ranjan Kumar Chadha case, warning of penalties for non-compliance. The court emphasized the necessity of combatting drug abuse within legal frameworks to prevent inadvertent loopholes that may allow accused individuals to evade justice.