High Court criticizes police for destroying the lives of two students with fabricated drug charges.
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, ...
1
views

In Bengaluru, the Karnataka High Court strongly criticized three police officers for wrongly accusing two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite a forensic science laboratory (FSL) report proving their innocence. Justice M Nagaprasanna, hearing a petition from students Hanumantha and Manjunatha from Gunjur near Varthur in the tech corridor of the city, raised serious concerns about how their lives were disrupted by baseless allegations from the police. The court ordered a disciplinary action or departmental inquiry against the involved officers — the station house officer (SHO), the complaint filer, and the investigating officer. A report on the actions taken was required to be submitted within 12 weeks.

The incident began on August 11, 2019, when the complainant, probationary cop Raj Kumar of Varthur police station, reported to his superiors that he caught the two students allegedly using ganja near Krupanidhi College. The students were charged under Section 27 of the NDPS Act, and their blood samples were taken. However, the FSL report later revealed no presence of narcotics in their blood. Despite this, the investigating officer proceeded with filing a chargesheet under the same section, leading a special court to take notice of the case and summons to be issued to the students. The students contested that they were framed, causing significant personal and professional harm. The false accusations even resulted in them missing out on job opportunities, including overseas offers. The SHO of Varthur police station, appearing before the court, admitted to an error in filing the chargesheet, which contradicted the FSL report. Justice Nagaprasanna, upon reviewing the case documents, highlighted several illegalities in the proceedings.The judge highlighted the failure of police to send the alleged 15 grams of marijuana for forensic examination, the lack of proper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet as reasons for the ongoing suffering of the petitioners. The judge emphasized the seriousness of the situation, stating that the report from the Forensic Science Laboratory clearly showed that the blood samples did not contain any illegal substances, contradicting the information in the chargesheet. The judge held the responsible officers, including the station house officer, empowered officer, investigating officer, and complainant accountable, directing the initiation of a departmental inquiry. Additionally, a directive was issued for a circular to be released requiring all empowered officers to strictly adhere to relevant sections of the NDPS Act and Supreme Court rulings, with potential disciplinary action for non-compliance. The court emphasized the importance of combating drug crimes while following proper legal procedures to prevent any loopholes that could allow accused individuals to avoid prosecution.