HC slams cops for ruining lives of 2 students with false 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, despite a forensic science laboratory (FSL) report proving their innocence.
Justice M Nagaprasanna, while hearing a petition from students Hanumantha and Manjunatha, residents of Gunjur near Varthur in the city's tech corridor, expressed serious concerns over how their lives were derailed by false allegations made by police.The court directed the initiation of disciplinary action or a departmental inquiry against the cops involved — the station house officer (SHO), the officer who filed the complaint, and the investigating officer. The court also sought an action-taken report within 12 weeks.
The police drama unfolded on Aug 11, 2019 when the complainant — probationary cop Raj Kumar of Varthur police station — informed his seniors he had caught the two petitioners (Hanumantha and Manjunatha) while they were allegedly consuming ganja near Krupanidhi College. A complaint was registered under Section 27 of NDPS Act, and blood samples of the duo were drawn.
However, an FSL report later revealed that their blood contained no trace of any narcotics. Despite this, the investigating officer proceeded to file a chargesheet under the same section of NDPS Act, leading a special court to take cognizance of the case and issue summons to the students. Challenging the same, the students argued they were framed, leading to significant personal and professional consequences. The false drug charges even caused them to lose several job opportunities, including in the US.
Subsequently, the SHO of Varthur police station, who appeared before the court, admitted there was mistake while filing the chargesheet and the same was contrary to the FSL report.
Justice Nagaprasanna, after perusing the materials on record, noted several illegalities in the case, including the cops' failure to send the alleged 15 grams of ganja to the FSL, the absence of proper seizure records, and the omission of complainant Raj Kumar from the list of witnesses in the chargesheet. Because of the actions of the three officers, the petitioners are suffering even today, the judge pointed out.
"The maliciousness is apparent on the face of the record. The report of FSL in unequivocal terms indicates the blood samples didn't contain any contraband substance or even its derivatives, but the police filed a chargesheet recording that it did. The station house officer/empowered officer or the investigating officer/the complainant and the officer who drew mahazar can't be left off the hook for having played with the lives of these young students," the judge said, directing the disciplinary authority to initiate a departmental inquiry.
Furthermore, a direction was also issued to release a circular by the competent authority, notifying all empowered officers to mandatorily follow Sections 50 and 52A of the NDPS Act and the Supreme Court's interpretation in the Ranjan Kumar Chadha case, failing which disciplinary proceedings would be initiated against them. The court stressed the importance of curbing the drug menace while adhering to the established legal procedures.
"Any violation of procedure would lead to the obliteration of proceedings initiated against the accused, allowing them to escape because of loopholes left by the empowered officers," Justice Nagaprasanna observed in his order.