High Court criticizes police for destroying the futures of two students with fabricated drug charges
In Bengaluru, the Karnataka High Court has criticized three police officers for falsely accusing two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite a forensic science laboratory report proving their innocence. Justice M Nagaprasanna expressed serious concerns about the impact of the false allegations on the lives of Hanumantha and Manjunatha, residents of Gunjur near Varthur. The court has ordered disciplinary action or a departmental inquiry against the station house officer (SHO), the officer who filed the complaint, and the investigating officer. Additionally, the court has requested an action-taken report within 12 weeks.
The incident occurred on August 11, 2019, when Raj Kumar, a probationary cop at Varthur police station, reported catching the two students allegedly consuming ganja near Krupanidhi College. Despite a negative narcotics result in their blood samples from the FSL, a chargesheet was filed under the NDPS Act, leading to court summons for the students. The students argued they were framed, resulting in severe personal and professional repercussions, including missed job opportunities, even in the US. The SHO of Varthur police station admitted the mistake in filing the chargesheet before the court. Justice Nagaprasanna identified several irregularities in the case after reviewing the evidence.The judge pointed out that the petitioners continue to suffer due to the failure of the police officers to send the alleged 15 grams of marijuana to the FSL, the lack of proper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet. The judge highlighted the officers' actions as malicious and directed the disciplinary authority to conduct a departmental inquiry. Additionally, a directive was issued for a circular to be released by the competent authority, instructing 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 emphasized the importance of combating drug-related issues while following legal procedures, warning that any deviations could result in the dismissal of proceedings against the accused.