'7202 NDPS Cases Pending': Kerala High Court Seeks State Govt's Stand On Establishment Of Special NDPS Courts

The Kerala High Court on Thursday (September 25) sought the state government's stand regarding establishment of Special NDPS Courts in all the judicial districts in Kerala.

The Special Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji gave time to the government pleader to get instructions in this regard. The Bench was considering a batch of petitions addressing various issues, facets of drug menace in the State.

The Court observed:

"State is placing before us the various measures that are being taken to address the issue. One such component of taking measures is the aspect of trials and convictions and in suitable cases, the matter of deterrence. Ultimately, all these areas will have to be strengthened for a unified approach...Considering that the issue as stated above for effectively dealing with the issue of the drug abuse and the consequent effects arising therefrom...there is necessity of strengthening the penal aspect and establishment of special courts will enable to take up these cases speedily, we expect positive response of state government by the next date of hearing."

One of the petitions, WP(C) 29179/ 2025, was a suo motu proceeding initiated by the High Court Registry in respect of setting up NDPS special courts in the State. The Registry had stated that as on 31.03.2025, 7202 NDPS cases are pending before designated or special NDPS courts across Kerala with pendency of 1295 cases in Ernakulam, 960 in Thiruvananthapuram, 902 in Palakkad and 777 at Manjeri (Malappuram).

The Court had noted that at present, only two special NDPS courts are established in Kerala, on each in Kozhikode and Idukki districts. Under S 36(1) of the NDPS Act, the state government is empowered to constitute special courts for trial of offence under the Act. It also noticed that in all other judicial districts, the existing Principal District & Sessions Judge and Addl. District & Sessions Judge, 68 in number, have been designated to try NDPS cases. These designated courts have other cases to attend and are not dedicated special courts. 

The Court also recorded that the High Court on the administrative side has resolved to recommend establishment of special court under NDPS Act in every judicial district except where they are already functioning. Therefore, it sought the state government's stand in this regard.

In another petition, the Court had earlier considered the formation of school protection groups to address the preventive aspect of drug menace. Today, it was told that a meeting was held by the Additional Chief Secretary on 18.9.2025 to consider the suggestions made in the earlier interim order dated 23.07.2025 as to whether informal protection groups can be given a formal shape.

It recorded that in the said meeting, it was pointed out that the school protection groups and the Jagratha samithis constituted under the direction of Excise department overlap and also there are anti-narcotics clubs functional in the schools. It was decided in the meeting that it would be advisable that a unified, formal mechanism of a single, integrated protection group among schools ensuring comprehensive coverage with focus on anti-drug awareness would be desirable. The Secretary of the General School department was directed to formulate and place the order on next review meeting scheduled to be held after one week.

On hearing the above, the Court recorded:

"Since a decision is taken that it would be desirable to have a uniform, formal mechanism from all stakeholders instead of informal groups working independently with overlapping functions, expecting that directions to form such a formal, integrated protection group would be issued by next date of hearing."

Considering the third connected case, the petition was filed by the Kerala State Legal Services Authority (KeLSA) in respect of taking steps to ensure speedy trial of NDPS and POCSO cases. 

The Court observed:

"When this petition was heard from the earlier occasion on 23.7.2025, two issues are arisen. One was regarding preventive measures in respect of availability of drugs in and around educational institutions. Second, in respect of delayed trials in NDPS Act consequences of delay in getting reports from FSL. It was noted that there are various vacancies and the labs did not have adequate staff. Thereupon, directed that a joint meeting be held."

It was told to the Court that the joint meeting with the state government and the Kerala Public Service Commission (KPSC) had been convened. Further, affidavits were filed by the State and the KPSC. In the affidavit, It is stated in the affidavit that though this creation of this 28 posts had increased the case disposal, the number of cases have since increased, almost three-fold compared to the previous year. The existing staff strength is insufficient to cope with the workload despite their commendable performance disposing of NDPS and POCSO cases, it said.

It was further stated that the State Police Chief emphasised the need for creation of 8 additional posts of Scientific Officers in Biology Division, 7 in Chemistry Division and 16 in Documents Division in order to effectively manage the rising volume of POCSO and NDPS cases. On receipt of the proposal the same shall be recommended and forwarded to the Finance department for concurrence.The Finance department shall take immediate steps to sanction these posts considering the urgency. The KPSC shall take immediate steps to fill all the vacancies.

Recording the statements made in the affidavits, it was further observed:

"As per the decision, first step that is to be taken is by the State Police Chief to submit fresh proposal...Therefore, unless the fresh proposal as stated by the State Police Chief is not submitted, further process cannot be undertaken. We expect that the proposal be submitted, latest within a period of 15 days from today."

Case Title: Sumi Joseph v. The Chief Secretary and Connected cases

Case No: W.P.(C) No. 23505 of 2023 and Connected cases