Has the Karnataka High Court Set a New Standard for Accountability in False NDPS Charges?

In a significant ruling, the Karnataka High Court has directed the initiation of disciplinary proceedings against three police officers for filing a false charge sheet against two individuals under the Narcotics Drugs and Psychotropic Substances Act (NDPS). The false charges, which alleged the consumption of ganja, were proven baseless as the Forensic Science Laboratory (FSL) report found no traces of contraband in the accused's blood samples. This case, which directly impacted the careers of the accused students, highlights critical failures in the investigative process.

Court’s Observations on the False Charges

The case was heard by a single judge bench, led by Justice M Nagaprasanna, who quashed the prosecution against the petitioners, Hanumantha and another individual, under Section 27 of the NDPS Act. This section pertains to the consumption of narcotics or psychotropic substances, an offence punishable by up to one year in prison, with or without a fine.

The court emphasized that while combating the menace of drugs is vital, it is equally essential that such actions be conducted in strict accordance with the law. Justice Nagaprasanna stated, "It is important that the menace of narcotic drugs and psychotropic substances be curbed, but this must be done by following due process and legal procedures. Any violation of established procedures undermines the entire process, allowing the accused to exploit legal loopholes."

Initiation of Departmental Inquiry

In response to the severe breach of legal protocol, the High Court ordered disciplinary action against the police officers responsible for the false charges. The court directed that a departmental inquiry be initiated against the Station House Officer and the Investigating Officer, responsible for filing the erroneous charge sheet. The court has asked for a report on the action taken against the officers within 12 weeks from the issuance of the order.

Background of the Case

In 2019, Police Officer Raj Kumar, who was on probation, reportedly received information about individuals allegedly consuming ganja near Krupanidhi College, within the jurisdiction of Varthur Police Station. Acting on this information, a complaint was lodged, and blood samples were drawn from the petitioners, which were subsequently sent to the FSL for testing.

The FSL report unequivocally stated that no contraband substance was found in the petitioners’ blood samples. Despite this, the police proceeded to file a charge sheet, accusing the students of consuming ganja, and the court took cognizance of the matter.

Petitioners’ Arguments and Harassment

The petitioners argued that the charges were baseless and part of a deliberate effort to harass them. They stated that due to these false charges, they lost numerous employment opportunities, including offers from the USA, and were unable to travel abroad due to the pending narcotics case.

The court sympathized with the petitioners, acknowledging the harm done to their reputations and careers. Justice Nagaprasanna remarked, "For the mistake committed by the Station House Officer and the Investigating Officer, the careers of the petitioners have been placed in jeopardy. They have suffered undue ignominy for five years in a case that concerns narcotics, despite no evidence supporting the allegations."

Police Admission of Mistake and Contradictions in Evidence

The Station House Officer admitted before the court that an error was made in filing the charge sheet. Furthermore, the court observed that while the police claimed to have found 15 grams of ganja in the possession of the petitioners, this evidence was never sent to the FSL for verification, as is legally required under the NDPS Act.

The court discredited the police's claim regarding the possession of ganja, stating, "If 15 grams of ganja was indeed found, the officers should have followed the provisions of Section 50 of the NDPS Act, which mandates proper documentation and testing. The failure to report the seizure, draw up an inventory, and send samples to the FSL renders the police’s claims highly improbable and false."

Violations of NDPS Act and Recommendations

The court ruled that there had been blatant violations of Sections 50 and 52A of the NDPS Act, both of which mandate specific procedures for search and seizure in narcotics cases. Justice Nagaprasanna described the officers' actions as deliberate and malicious, noting that such conduct could not be tolerated within the criminal justice system.

Before concluding, the court expressed concern over the increasing instances of procedural violations in NDPS cases, emphasizing the importance of adhering to legal mandates. The court directed the Director General of Police (DGP) and the Inspector General (IG) or the Secretary of the Home Department to issue a circular instructing all empowered officers to follow Sections 50 and 52A of the Act strictly. Failure to comply could result in further disciplinary action.

A Clear Message for Accountability

In a final statement, the High Court allowed the petition and quashed the charges against the petitioners. The court also lifted any restrictions on their travel abroad, noting that the false charges had previously prevented them from pursuing opportunities overseas.

This ruling sends a clear message that while combating drug abuse remains a priority, law enforcement officers must adhere strictly to legal procedures. Any deviation from these procedures can not only lead to wrongful prosecutions but also devastate the lives and careers of innocent individuals.

Conclusion

The Karnataka High Court’s decision underscores the need for accountability in the enforcement of narcotics laws. By ordering a departmental inquiry and emphasizing strict adherence to legal procedures, the court aims to prevent future instances of wrongful prosecution and ensure that law enforcement officers act with integrity.

Case Title: Hanumantha & Another vs. State of Karnataka & Another

Case Number: CRIMINAL PETITION NO. 11994 OF 2023