In Bengaluru, the Karnataka High Court has criticized three police officers for falsely charging two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite a forensic science laboratory (FSL) report confirming their innocence. Judge M Nagaprasanna, during a hearing on a petition from students Hanumantha and Manjunatha from Gunjur near Varthur, expressed deep concern over the negative impact the false allegations had on their lives. The court ordered disciplinary action or a departmental inquiry against the involved officers – the station house officer (SHO), the officer who submitted the complaint, and the investigating officer. A report on actions taken was requested within 12 weeks.
The incident occurred on August 11, 2019, when probationary officer Raj Kumar of Varthur police station reported to his superiors that he had apprehended the two students near Krupanidhi College for allegedly consuming ganja. Despite blood samples showing no presence of narcotics, a chargesheet was filed under the NDPS Act Section 27 by the investigating officer. This led to a special court taking up the case and summoning the students. The students refuted the charges, stating that they were wrongly accused, resulting in serious personal and professional repercussions, including missed job opportunities, even in the US. The SHO of Varthur police station admitted in court that an error was made in filing the chargesheet, contradicting the FSL report. Judge Nagaprasanna, after reviewing the evidence, identified several illegalities in the case.The judge highlighted the impact of the police's failure to send 15 grams of marijuana allegedly seized, improper seizure records, and the omission of a key witness from the chargesheet. The judge emphasized that the petitioners continue to suffer due to the officers' actions. The judge noted the maliciousness evident in the record, citing the discrepancy between the findings of the FSL report and what was stated in the chargesheet. The judge held accountable the station house officer, investigating officer, and others involved for jeopardizing the lives of the accused students. The judge instructed the disciplinary authority to launch an inquiry and directed the competent authority to issue a circular mandating adherence to specific sections of the NDPS Act and the Supreme Court's precedents. Stressing the need to combat drug-related issues while following legal procedures, the judge warned that any procedural violations could result in the nullification of proceedings against the accused.