High Court criticizes police for destroying the lives of two students with inaccurate 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 has criticized three police officers for wrongly accusing two students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Despite evidence from a forensic science laboratory (FSL) proving their innocence, the officers filed false charges against the students. Justice M Nagaprasanna, after hearing a petition from Hanumantha and Manjunatha, residents of Gunjur near Varthur in the city's tech corridor, expressed serious concerns about the impact of false allegations on their lives. The court ordered disciplinary action or a departmental inquiry against the involved officers, including the station house officer (SHO), the complainant, and the investigating officer. The court requested an action report within 12 weeks.

The incident occurred on August 11, 2019, when probationary officer Raj Kumar from Varthur police reported catching the two students allegedly consuming ganja near Krupanidhi College. A complaint was filed under Section 27 of the NDPS Act, and blood samples were taken. However, the FSL report later revealed no traces of narcotics in their blood. Despite this, the investigating officer proceeded to file charges under the same section, leading to summons being issued to the students by a special court. The students argued that they were wrongly implicated, causing serious personal and professional consequences, including missed job opportunities, even in the US.

During the court proceedings, the SHO of Varthur police station acknowledged the error in filing the chargesheet, admitting it contradicted the FSL report. Justice Nagaprasanna reviewed the case records and identified multiple irregularities, emphasizing the wrongful actions taken in the handling of the case.The judge highlighted that due to the negligence of the police officers in failing to send the alleged 15 grams of marijuana to the FSL, the absence of proper seizure records, and the exclusion of complainant Raj Kumar from the list of witnesses in the chargesheet, the petitioners continue to suffer. The judge noted the deliberate misconduct evident in the case. Despite the FSL's report confirming the absence of any illegal substances in the blood samples, the chargesheet falsely stated otherwise. The judge held accountable the station house officer, investigating officer, and other involved officers for jeopardizing the lives of the young students. The judge directed the disciplinary authority to conduct an inquiry and instructed the competent authority to issue a circular mandating adherence to Sections 50 and 52A of the NDPS Act and the Supreme Court's guidance in the Ranjan Kumar Chadha case. Failure to comply would result in disciplinary action against the officers. Emphasizing the importance of combating drug crimes within the bounds of the law, the judge warned that any procedural violations could lead to the dismissal of the case against the accused due to errors made by the empowered officers.