The Supreme Court on Monday directed the Central government, States, and Union Territories to take immediate steps to establish 449 exclusive courts for trial of cases under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
A Bench headed by Chief Justice of India Surya Kant , Justice Joymalya Bagchi and Justice V Mohana issued the directive after taking on record a status report filed by the Union of India, which revealed that only 176 of the required 449 exclusive NDPS courts are presently operational across the country.
The Court expressed concern over the alarming surge in narcotics cases nationwide and directed setting up 449 courts, preferably within six months.
“Having regard to the current pendency of cases under the NDPS Act and the alarming increase in offences under the Act across the country, it is expedient and in the interest of justice that the requisite 449 exclusive NDPS courts be established at the earliest,” the Court recorded.
The bench directed all States and Union Territories to urgently arrange the necessary court infrastructure and appoint judicial and administrative staff to bridge the deficit.
The order came in the Supreme Court’s ongoing suo motu proceedings initiated to expedite trials under special statutes, including the NDPS Act, the Unlawful Activities (Prevention) Act (UAPA), the Maharashtra Control of Organised Crime Act (MCOCA), and the National Investigation Agency (NIA) Act.
The Court had previously instructed authorities to assess requirements to conduct these trials on a day-to-day basis and conclude them within one year.
Appearing for the Central government, Additional Solicitor General (ASG) Aishwarya Bhati informed the bench on Monday that the earlier assessed requirement of 394 NDPS courts have been revised upwards to 449. She added that operational courts have increased from 113 to 176.
ASG Bhati also presented an update on exclusive NIA courts, noting that eight new courts have been added, bringing the national tally to 22. However, she pointed out that States such as Karnataka, Kerala, Tamil Nadu and Telangana lacked functional exclusive NIA courts.
Following submissions by various State counsels, the bench fixed individual timelines:
Karnataka: The counsel submitted that three exclusive NIA courts are proposed at Bengaluru, Chikkamagaluru, and Udupi, which will likely be notified within two weeks.
Kerala: The State submitted that two courts have been sanctioned for 22 pending cases. Rejecting the State’s request for two to three months to complete infrastructure work, the CJI directed it to expedite the process without delay.
Assam: The counsel said that one court has been notified; the bench directed the two more proposed courts to be made functional within four weeks.
Telangana: The bench granted four weeks to make its designated exclusive NIA court operational.
Bihar: The counsel submitted that two exclusive courts are already functional for 16 pending cases.
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