The Karnataka High Court has directed disciplinary proceedings against police officers who had initiated a “false charge sheet” against two students, noting that the accused had “suffered ignominy” for five years. The order was passed on September 10 by a bench consisting of Justice M Nagaprasanna. The court also quashed the case against the two students.
In this case, a probationary police officer had registered a complaint for ganja consumption against two students in the jurisdiction area of Bengaluru’s Varthur Police Station. Their blood sample results from the Forensic Science Laboratory (FSL) did not indicate the presence of any ganja. However, a charge sheet was still filed against the accused, after which they had approached the High Court.
The counsel for the two students argued that despite the FSL report, a chargesheet had been filed stating that the blood sample contained ganja. He argued that the duo had been deliberately framed and because of this had lost many employment opportunities. Further, they were unable to travel despite offers from the USA due to this case.
The government counsel, while accepting the discrepancy, stated that as per the panchnama, 15 gram of ganja had been seized although it was not sent to the FSL, which was an offence under a different provision of the NDPS Act than the one which was applied here (consumption).
On the other hand, the counsel of the students argued that this panchnama had been deliberately drawn up in such a manner. While the Section 50 of the NDPS Act states that the search had to be done before a magistrate or gazetted officer, the same was not followed, the counsel added.
The bench stated, “The undisputed fact in the case at hand is that, the alleged grams of ganja found in possession of the petitioners was not sent to FSL and the seizure is not recorded before a Gazetted Officer or the Magistrate as is necessary in law… Where the sample is, is a mystery. What happened to 15 grams of ganja is nowhere indicated. After the seizure, it is neither reported nor an inventory is drawn nor the sample is sent to FSL. 15 grams of ganja is not that of a high quantity for it not to be sent to FSL. Therefore, the presence of 15 grams of ganja as drawn in the panchanama is a canard and shrouded with improbability and to be disbelieved.”
Observing that the complaining police officer was not a witness in this case, the bench said, “There are illegalities whole hog that have pervaded in the proceedings….the career of the petitioners is put to jeopardy….The Station House Officer or the Investigating Officer/..complainant and the officer who drew mahazar cannot be left off the hook for having played with the lives of these young students. Therefore, I deem it appropriate to direct the Disciplinary Authority of these petitioners to initiate a departmental enquiry for having filed a false charge sheet, against these petitioners.”
The bench concluded by observing that while the drug menace has to be dealt with, it has to be in accordance with the laws and procedures.
Click here to join The Indian Express on WhatsApp and get latest news and updates
