Karnataka HC orders inquiry against officer for false NDPS charge against students

BENGALURU: The Karnataka High Court has taken a strong stance against an investigating officer for filing a false charge sheet against two students under Section 27 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite the Forensic Science Laboratory (FSL) report indicating otherwise.
Justice M. Nagaprasanna, while allowing the petition filed by Hanumantha and Manjunatha, residents of Gunjur, Varthur, Bengaluru city, has directed the initiation of disciplinary proceedings or a departmental inquiry against the Station House Officer/Empowered Officer involved in the case.
In 2021, the complainant Raj Kumar, a probationary officer at the time at Varthur police station, informed higher officials that he had caught the two petitioners consuming ganja near a local college. A complaint was registered under Section 27 of the NDPS Act, and blood samples of the petitioners were also drawn. However, the FSL report revealed that the blood did not contain any contraband substance. Despite this, the charge sheet was filed under section 27 of the Act, and the special court took cognisance and issued summons to these two petitioners.
Challenging the same, the petitioners argued that they were deliberately framed in the case to harass them, resulting in the loss of several employment opportunities, including offers from the USA. Raj Kumar admitted his mistake and tendered an apology before the court.
Justice Nagaprasanna, after perusing the materials on record, noted several illegalities in the case, including the failure to send the alleged 15 grams of ganja to the FSL, the absence of proper seizure records, and the omission of the complainant Raj Kumar from the list of witnesses in the charge sheet.
"The maliciousness is apparent on the face of the record. The report of FSL in unequivocal terms indicates that blood samples did not contain any contraband substance or even its derivatives, but the Police filed the charge sheet recording that FSL report has confirmed presence of contraband substance. The Station House Officer/Empowered Officer or the Investigating Officer/the complainant and the officer who drew mahazar cannot be left off the hook for having played with the lives of these young students," the judge added and directed the disciplinary authority to initiate a departmental inquiry against the officers involved, ensuring adherence to the principles of natural justice.
Furthermore, a direction was also issued for the issuance of 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 menace of narcotic drugs and psychotropic substances 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 due to loopholes left by the Empowered Officers," Justice Nagaprasanna further observed in his order.