Has the Karnataka High Court Ordered a Departmental Inquiry Against Policemen for Filing a False Charge Sheet Under the NDPS Act?

In a significant ruling, the Karnataka High Court has ordered the initiation of departmental inquiry against three police officers for filing a false charge sheet under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The charge sheet falsely accused two individuals of consuming ganja (marijuana), despite a clear Forensic Science Laboratory (FSL) report indicating the absence of any contraband substances in their blood. The case has garnered attention due to its implications for the careers of the accused, who have been unable to pursue employment opportunities abroad due to the ongoing legal proceedings.

Case Background

The incident dates back to 2019, when Raj Kumar, a police officer on probation, received credible information that a group of individuals was allegedly consuming ganja near Krupanidhi College, located within the jurisdiction of Varthur Police Station. Acting on this information, a complaint was registered, and blood samples were collected from the two petitioners, Hanumantha and another individual. These samples were then sent to the FSL for testing.

Despite the FSL report confirming that the blood samples showed no trace of any contraband substances, the police officers involved proceeded to file a charge sheet against the petitioners under Section 27 of the NDPS Act. The court took cognizance of this charge sheet, initiating legal proceedings that had severe consequences for the petitioners, particularly in terms of their employment opportunities.

Legal Proceedings

The petitioners, represented by Advocate Shashi Kiran V, approached the Karnataka High Court seeking to quash the false charges filed against them. They argued that the case had been deliberately fabricated to harass them, and that the ongoing case had caused significant harm to their professional lives. The petitioners highlighted that they had received several job offers from the USA, but were unable to travel due to the pending narcotics case.

The prosecution, represented by Additional Special Public Prosecutor Jagadeesha B N, conceded that there were contradictions between the FSL report and the charge sheet filed by the police. Although the prosecution argued that 15 grams of ganja had been found in the possession of the petitioners, this claim was not supported by the required legal procedures, as the ganja had not been sent to the FSL for verification.

Court’s Observations

After reviewing the evidence, the High Court, led by Justice M Nagaprasanna, noted that Section 27 of the NDPS Act criminalizes the consumption of narcotic drugs or psychotropic substances. To prove such consumption, the presence of contraband substances in the accused's blood sample is essential. However, in this case, the FSL report explicitly stated that no such substances were found in the petitioners' blood samples.

The court was particularly critical of the actions of the Station House Officer (SHO) and the Investigating Officer involved in the case. Justice Nagaprasanna observed that the charge sheet had been filed with "malicious intent" and without any substantive evidence, effectively jeopardizing the careers and reputations of the petitioners. The court further noted that the SHO had admitted to having made an error in filing the charge sheet, which had caused unnecessary hardship for the petitioners.

The court also addressed the claim of the prosecution regarding the possession of 15 grams of ganja. Justice Nagaprasanna pointed out that, under Section 50 of the NDPS Act, the search party is required to properly document and seize any contraband found during a search. In this case, the court found that the alleged possession of ganja was neither properly reported nor was an inventory drawn. Furthermore, no sample of the alleged contraband was sent to the FSL for analysis. As a result, the court concluded that the claim of ganja possession was "shrouded with improbability" and should be disbelieved.

Court's Ruling

In its final ruling, the Karnataka High Court quashed the prosecution's case against the petitioners and ordered the initiation of disciplinary proceedings against the police officers responsible for filing the false charge sheet. The court directed that the action taken against the officers be reported back within 12 weeks. Additionally, the court emphasized the importance of strictly following the procedures outlined in Sections 50 and 52A of the NDPS Act when dealing with allegations of narcotics-related offenses.

Justice Nagaprasanna also expressed concern over the increasing number of cases where violations of these mandatory provisions are observed. The court instructed the Director General of Police (DGP) and the Secretary of the Home Department to issue a circular reminding all empowered officers to adhere strictly to the provisions of the NDPS Act and the interpretations provided by the Supreme Court. Failure to do so would expose officers to disciplinary actions.

Finally, the court observed that, with the quashing of the proceedings, the petitioners would no longer face any legal impediment preventing them from traveling abroad to pursue employment opportunities. This ruling serves as a reminder that while curbing the menace of narcotic drugs is essential, it must be done in strict compliance with the law to prevent innocent individuals from being wrongfully implicated.

Conclusion

This judgment by the Karnataka High Court underscores the importance of accountability within law enforcement agencies, particularly when it comes to the misuse of power and the filing of false charges. By ordering a departmental inquiry into the actions of the police officers involved, the court has sent a strong message that such misconduct will not be tolerated, especially when it has the potential to ruin the lives and careers of innocent individuals.