In Bengaluru, the Karnataka High Court has criticized three police officers for wrongly accusing two students of violating the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite a forensic science laboratory report proving their innocence. Justice M Nagaprasanna, presiding over a case of students Hanumantha and Manjunatha from Gunjur near Varthur, expressed serious concerns about the impact of false allegations made by the police on their lives. The court ordered disciplinary action or a departmental inquiry against the involved officers - the station house officer (SHO), the complainant, and the investigating officer. A report on action taken was required within 12 weeks.
The incident occurred on Aug 11, 2019, when the complainant, probationary cop Raj Kumar of Varthur police station, reported catching the two students allegedly consuming ganja near Krupanidhi College. A complaint was lodged under Section 27 of the NDPS Act, and blood samples were taken from the students. Despite a later FSL report showing no presence of narcotics in their blood, the investigating officer proceeded to file a chargesheet under the same section of the NDPS Act. As a result, a special court issued summons to the students. They argued that they were falsely implicated, leading to significant personal and professional consequences, including missing out on job opportunities, including those abroad. The SHO admitted the mistake in filing the chargesheet, stating it was in conflict with the FSL report. Justice Nagaprasanna, upon review, identified several irregularities in the case.The judge highlighted that due to the negligence of the police officers in not sending the alleged 15 grams of marijuana for forensic analysis, lack of proper documentation of the seizure, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet, the petitioners continue to face difficulties. "The misconduct is evident from the evidence presented. The report from the Forensic Science Laboratory clearly states that the blood samples did not contain any illegal substances or their derivatives, yet the police proceeded with filing a chargesheet claiming otherwise. The judge emphasized that the station house officer, empowered officer, investigating officer, complainant, and the officer responsible for documenting the seizure cannot evade responsibility for jeopardizing the lives of these young individuals," the judge remarked, instructing the disciplinary authority to launch an internal investigation. Additionally, the court ordered the competent authority to issue a directive mandating all empowered officers to strictly adhere to Sections 50 and 52A of the Narcotic Drugs and Psychotropic Substances Act as well as the Supreme Court's interpretation in the Ranjan Kumar Chadha case; failure to comply would result in disciplinary action. The court stressed the importance of combatting drug abuse while upholding legal protocols. "Any deviation from the prescribed procedures could result in the dismissal of legal actions against the accused, allowing them to evade justice due to negligence on part of the empowered officers," noted Justice Nagaprasanna in the ruling.