Karnataka HC Orders Departmental Inquiry Against Policemen For Filing False Chargesheet Under NDPS Act Against Students, Affecting Their Careers
The Karnataka High Court has directed initiation of Disciplinary proceedings/departmental inquiry against three policemen for having filed a false charge sheet against two persons claiming they consumed Ganja, even when the FSL report clearly opined no presence of any form of contraband in their body.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by Hanumantha and another and quashed the prosecution lodged against them under Section 27 of the Narcotics Drug And Psychotropic Substances Act (NDPS).
The court said “While it is important that menace of either narcotic drugs or psychotropic substances be curbed by dealing them with iron hand, it is equally important that curbing shall be in accordance with law, by following the procedure established by law, as any violation of procedure would lead to obliteration of proceedings that would be initiated against the accused who would get away of loopholes left in law by the Empowered Officers.”
Then it directed “Disciplinary proceedings/departmental inquiry shall be initiated against the Station House Officer/ Empowered Officer and the Investigating Officer/2nd respondent. The action taken report as per direction No.(iv) supra shall be placed before this Court within 12 weeks from the date of a copy of this order.”
According to the police officer Raj Kumar who was on probation in 2019, received credible information that few persons are consuming ganja near Krupanidhi College within the jurisdiction of Varthur Police Station.
Therefore, a complaint was registered and as necessary in law, blood samples of these petitioners were drawn and sent to the Forensic Science Laboratory ('FSL'), which on testing of blood samples opined that it did not contain any contraband substance – ganja. Even after the FSL report, Kumar filed a charge sheet against the petitioners and the court had taken cognizance of the same.
Seeking quashing of the offence petitioners argued that they are deliberately framed in the case at hand only to harass and due to such framing, they have lost several opportunities of employment and are now getting employment offers from the USA but unable to travel because of pendency of the narcotic case.
The prosecution seeking dismissal of the petition agreed that the FSL report and the charge sheet filed by the respondent/Police was contradictory to each other. It was claimed that the petitioners were found in possession of 15 grams of ganja but it was not sent to FSL as is required in law.
The court on going through the records noted that Section 27 makes it an offence of any person consuming any narcotic drugs or psychotropic substance. The punishment that is imposable is one year with or without fine. But, nonetheless, it is an offence under the Act. If consumption has to be proved, the primary evidence would be the presence of contraband substance in the blood sample.
Then it said “The blood sample is drawn and sent to FSL and the report of FSL indicates no contraband substance of any kind in the blood samples of the petitioners. The charge sheet, therefore, with mala fide intention, is deliberately filed by the Station House Officer and the Police Sub-Inspector of Varthur Police Station.”
Before the court the station house officer admitted to have committed a mistake in filing the chargesheet. The court said “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 5 years in a case concerning narcotics.”
Repelling the claim of the prosecution that 15 grams of ganja was found on the petitioners, the court observed “If 15 grams of ganja was found in possession of these petitioners, nothing stopped the search party i.e., the 2nd respondent to mark the seizure in terms of Section 50 of the Act.”
Stating that the seizure is neither reported nor an inventory is drawn nor the sample is sent to FSL, the court said that the presence of 15 grams of ganja as drawn in the panchanama is a canard and shrouded with improbability and to be disbelieved.
The court held “It is, therefore, a clear case where there is blatant violation of Sections 50 and 52A of the Act, which are mandatory to be followed, if there is an allegation of the offence punishable under the Act.”
It added “It is the deliberate act on the part of both the Investigating Officer and the Empowered Officer who have filed the charge sheet before the concerned Court to face the wrath of the criminal justice system for maliciously prosecuting these petitioners. The maliciousness is apparent on the face of the record.”
Before parting, the court said it had come across a plethora of cases where there is complete violation of Sections 50 and 52A of the Act, despite the law being very clear that it should be mandatorily followed.
Thus it directed DG & IG or the Secretary of the Home Department shall forthwith issue a circular notifying all the Empowered Officers who are empowered to conduct search and seize contraband substances to mandatorily follow Sections 50 and 52A of the Act and their interpretation by the Apex Court, in letter and spirit, failing which officers would become open to disciplinary proceedings against them.
Allowing the petition the court said “In the light of quashment of proceedings, any kind of embargo hanging on the head of the petitioners for travel beyond the shores of the nation is also obliterated, except otherwise disentitled.”
Appearance: Advocate Shashi Kiran V for Petitioners.
Additional SPP Jagadeesha B N for Respondents.
Citation No: 2024 LiveLaw (Kar) 403.
Case Title: Hanumantha & ANR AND State of Karnataka & ANR
Case No: CRIMINAL PETITION NO. 11994 OF 2023