The Karnataka High Court has denounced the actions of three police officers who filed a false chargesheet against 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, during the hearing of a petition from students Hanumantha and Manjunatha, residing in Gunjur near Varthur in Bengaluru, expressed grave concerns about the impact of the false allegations made by the police on their lives. The court has ordered disciplinary action or a departmental inquiry against the involved police officers - the station house officer (SHO), the officer who lodged the complaint, and the investigating officer. Additionally, the court has requested an action report within 12 weeks.
The incident transpired on August 11, 2019, when probationary officer Raj Kumar of Varthur police station reported to his superiors that he caught the two students allegedly consuming ganja near Krupanidhi College. A case was filed under Section 27 of the NDPS Act, and blood samples were taken from the students. However, the FSL report later revealed no narcotics in their blood samples. Despite this, the investigating officer proceeded to file a chargesheet under the same section of the NDPS Act, leading to a special court issuing summons to the students. The students argued that they were framed, which had severe personal and professional consequences, even resulting in missed job opportunities, including overseas. The SHO of Varthur police station admitted in court that there was an error in filing the chargesheet, contradicting the FSL report. Justice Nagaprasanna, after reviewing the case materials, highlighted several irregularities in the case.The judge highlighted the negative consequences of the police officers' actions, including their failure to submit 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. This has caused ongoing suffering for the petitioners. The judge observed that the malpractice is evident, pointing out that the FSL report clearly stated that the blood samples did not contain any illegal substances, contrary to what was recorded in the chargesheet by the police. The judge emphasized that the officers involved cannot evade responsibility for jeopardizing the lives of the accused individuals. As a result, the judge directed the disciplinary authority to launch an inquiry. Additionally, a directive was issued for a circular to be issued by the competent authority, instructing all officers to strictly adhere to relevant sections of the NDPS Act and court rulings. Failure to do so may result in disciplinary action. The court emphasized the importance of combatting drug-related crimes while following legal procedures, warning that any procedural violations could invalidate proceedings against the accused, creating opportunities for them to evade justice.