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 proving their innocence. The students, residents of Gunjur near Varthur in Bengaluru, had their lives disrupted by these unfounded allegations. The court has ordered disciplinary action or a departmental inquiry against the officers involved — the station house officer (SHO), the officer who filed the complaint, and the investigating officer. A report on the actions taken is expected within 12 weeks.
The incident occurred on August 11, 2019, when probationary police officer Raj Kumar reported that he had apprehended the students near Krupanidhi College for allegedly consuming ganja. A chargesheet was filed under the NDPS Act, despite the FSL report showing no presence of drugs in their blood. This led to the court issuing summons to the students, impacting their personal and professional lives, including missing out on job opportunities. The SHO acknowledged the mistake in filing the chargesheet during the court proceedings. Justice Nagaprasanna identified various irregularities in the case.The judge highlighted how the failure of police to send 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 have caused ongoing harm to the petitioners due to the actions of three officers. The judge noted the apparent malicious intent in the handling of the case. Despite the FSL report clearly stating that the blood samples did not contain any illegal substances, the police inaccurately filed a chargesheet stating otherwise. The judge admonished the station house officer, the investigating officer, and others involved for jeopardizing the lives of these young students and ordered a departmental inquiry to be initiated.
Additionally, the judge directed the competent authority to issue a circular mandating all empowered officers to strictly adhere to Sections 50 and 52A of the NDPS Act and the Supreme Court's ruling in the Ranjan Kumar Chadha case. Failure to do so would result in disciplinary action. Emphasizing the importance of combatting drug-related issues while following legal procedures, the court warned that any procedural violations could result in the dismissal of proceedings against the accused.