In Bengaluru, the Karnataka High Court has criticized three police officers for wrongfully accusing two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite evidence from a forensic science laboratory (FSL) proving their innocence. Justice M Nagaprasanna, presiding over a case involving students Hanumantha and Manjunatha from Gunjur near Varthur, expressed deep concerns over the negative impact of false allegations made by the police on their lives. The court directed disciplinary action or a departmental inquiry against the involved officers – the station house officer (SHO), the complainant officer, and the investigating officer. A report on the actions taken was requested within 12 weeks.
The incident began on August 11, 2019, when the complainant, probationary cop Raj Kumar from Varthur police station, reported to his superiors that he had apprehended Hanumantha and Manjunatha for allegedly using ganja near Krupanidhi College. Subsequently, the students' blood samples were taken, but a later FSL report revealed no traces of narcotics. Despite this, the investigating officer proceeded to file charges under the NDPS Act, leading to legal action and summons issued to the students. In their defense, the students argued that they were falsely implicated, resulting in significant personal and professional consequences, such as missed job opportunities, including those abroad. The SHO of Varthur police station admitted the mistake in filing the chargesheet during the court proceedings. Justice Nagaprasanna, upon reviewing the case materials, identified various legal irregularities in the handling of the case.The failure of the police to send the alleged 15 grams of marijuana to the FSL, the lack of proper seizure records, and the omission of complainant Raj Kumar from the list of witnesses in the chargesheet have caused ongoing suffering for the petitioners, as noted by the judge. The judge highlighted the evident maliciousness in the situation. Despite the FSL report clearly stating that the blood samples did not contain any illegal substances, the police inaccurately recorded it in the chargesheet. The judge held the responsible officers, including the station house officer, investigating officer, and the officer who drew the mahazar, accountable for risking the young students' lives. The judge directed the disciplinary authority to initiate an inquiry and ordered the competent authority to issue a circular mandating adherence to specific sections of the NDPS Act and the Supreme Court's rulings, with the threat of disciplinary action against those who fail to comply. Emphasizing the importance of combatting drug-related issues within the bounds of the law, the court warned that any procedural violations could result in the dismissal of charges against the accused due to mistakes made by the responsible officers.