Recently, the Karnataka High Court has directed the State government to take action against three Bengaluru police officers who falsely implicated two students in a drug-related case.

The Court ordered a departmental inquiry into the matter and demanded that an action-taken report be submitted within 12 weeks.

The ruling, delivered by Justice M Nagaprasanna on September 10, revealed that the police officers involved in the case had fabricated evidence and falsely charged the students under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The case in question dates back to 2019, when the students were accused of possessing and consuming psychotropic substances, specifically ganja (marijuana).

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Careers in Jeopardy Due to False Allegations

The petitioners, two students, had been fighting the legal battle for five years. In their petition, they contended that the police had wrongfully accused them, resulting in damage to their reputation and career prospects.

“For the mistake committed by the Station House Officer or the Investigating Officer, who have deliberately and wantonly filed the charge sheet against these petitioners, the careers of the petitioners are put to jeopardy. They have suffered ignominy for five years in a case concerning narcotics,” Justice Nagaprasanna observed.

According to the petitioners, they had lost several job opportunities because of the pending case.

The court emphasized the severe impact on the students’ lives due to these wrongful allegations and ordered the Karnataka police to conduct a thorough inquiry into the misconduct by the officers.

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Violations of NDPS Act Sections 50 and 52A

During the proceedings, the Court also criticized the police for their frequent violations of Sections 50 and 52A of the NDPS Act.

These sections outline the procedures and conditions under which searches can be conducted on individuals.

Justice Nagaprasanna highlighted that the police had often disregarded these provisions, compromising the integrity of investigations.

Also, the Court directed the Karnataka Director General of Police (DGP), Inspector General (IG), or the State Home Department to issue a circular ensuring that all empowered officers strictly adhere to the guidelines under Sections 50 and 52A of the NDPS Act.

Fabricated Evidence and Lack of Contraband

The case took a crucial turn when forensic evidence contradicted the police’s claims. While the police had accused the students of smoking ganja, forensic tests on their blood samples revealed no trace of psychotropic substances.

The police had claimed that they seized 15 grams of ganja during the students’ arrest, but the court noted that no evidence or documentation supported this claim.

The Court expressed its dismay at the blatant fabrication of evidence. “The maliciousness is apparent on the face of the record. The report of the FSL unequivocally indicates that blood samples did not contain any contraband substance or even its derivatives, but the police filed the chargesheet recording that the FSL report has confirmed the presence of a contraband substance,” observed Justice Nagaprasanna.

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Departmental Inquiry Against Officers

In its final ruling, the Karnataka High Court concluded that the case against the students was entirely fabricated.

The Court directed the State government to initiate a departmental inquiry into the conduct of the police officers involved and ordered the submission of an action-taken report within 12 weeks.

The Court made it clear that such actions by law enforcement should not be taken lightly and that the officers responsible for malicious prosecution must face accountability.

“The policemen must not be let off the hook,” the Court ruled.

The petitioners were represented by Advocate Shashi Kiran V, while Additional Special Public Prosecutor Jagadeesha BN appeared for the State government and the Karnataka police.

Bench Details:

• Judge: Justice M Nagaprasanna
• Date of Order: September 10, 2024

Party Details:

• Petitioners: Two students accused of drug possession
• Respondents: State of Karnataka and Varthur Police