The Karnataka High Court has criticized three police officers for wrongfully charging two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act despite a forensic science report proving their innocence. Justice M Nagaprasanna expressed serious concerns over how the students' lives were negatively affected by baseless accusations made by the police. The court ordered disciplinary action or a departmental inquiry against the involved officers—the station house officer (SHO), the officer who lodged the complaint, and the investigating officer. Additionally, the court requested a report on actions taken within 12 weeks. The incident occurred on August 11, 2019, when a probationary officer from Varthur police station reported that he had apprehended the students near Krupanidhi College for allegedly using drugs. Blood samples were taken, but a subsequent FSL report showed no presence of narcotics in their blood. Despite this, the investigating officer proceeded to file a chargesheet, leading to legal action and summonses for the students. The students argued that they were falsely accused, resulting in significant personal and professional repercussions, such as missed job opportunities both domestically and internationally. The SHO admitted the mistake in filing the chargesheet, acknowledging that it contradicted the FSL report. Justice Nagaprasanna identified multiple illegalities in the case based on the evidence presented.The judge highlighted the detrimental impact caused by the failure of police officers to send the alleged 15 grams of marijuana for forensic analysis, the lack of proper seizure documentation, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet, resulting in ongoing suffering for the petitioners. The judge emphasized the evident misconduct in the case, noting discrepancies between the report from the Forensic Science Laboratory (FSL) indicating no illicit substances in the blood samples and the chargesheet claiming otherwise. The judge held the station house officer, empowered officer, investigating officer, complainant, and the officer responsible for documentation accountable, instructing the disciplinary authority to launch an inquiry. Additionally, a directive was issued for a circular to be released mandating empowered officers to strictly adhere to specific sections of the NDPS Act and the Supreme Court's rulings, with a warning of disciplinary action for non-compliance. The court stressed the importance of combatting drug-related issues while upholding legal protocols, warning that procedural violations could jeopardize legal proceedings against accused individuals due to errors made by empowered officers.
Bengaluru: Karnataka high court has condemned the actions of three police officers for filing a false chargesheet against two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, ...