In Bengaluru, the Karnataka High Court has criticized three police officers for wrongly charging two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act despite evidence from a forensic science laboratory proving their innocence. The students, Hanumantha and Manjunatha, residents of Gunjur near Varthur, had their lives disrupted due to false allegations brought about by the police. Justice M Nagaprasanna, hearing the students' petition, expressed serious concerns over this matter and ordered 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 a report on actions taken within 12 weeks.
The incident began on August 11, 2019, when probationary police officer Raj Kumar from Varthur police station reported that he had apprehended the two students for allegedly consuming ganja near Krupanidhi College. Despite the students' blood tests showing no signs of narcotics, the investigating officer proceeded to file a chargesheet under the NDPS Act. This led to a special court issuing summons to the students, who argued that they had been falsely accused, resulting in significant personal and professional repercussions, including missed job opportunities. The SHO of Varthur police station admitted the mistake in court, acknowledging that the chargesheet did not align with the FSL report. Justice Nagaprasanna reviewed the case and identified multiple illegalities.The judge highlighted that the petitioners continue to suffer due to the misconduct of three officers. This includes the failure of the police to send the alleged 15 grams of marijuana to the Forensic Science Laboratory (FSL), the lack of proper seizure records, and the omission of complainant Raj Kumar as a witness in the chargesheet. The judge pointed out that the malicious actions of the officers are evident in the records. Despite the FSL report confirming the absence of any illicit substances in the blood samples, the police inaccurately recorded this in the chargesheet. The judge emphasized the accountability of the station house officer, empowered officer, investigating officer, and the officer who conducted the search for jeopardizing the lives of the students involved. The judge directed the disciplinary authority to initiate an inquiry and mandated a circular by the competent authority to ensure adherence to relevant sections of the NDPS Act and legal interpretations. The court underscored the importance of combating drug-related crimes while upholding proper legal procedures to prevent accused individuals from escaping consequences due to procedural errors.