Kerala HC directs State to set up exclusive NDPS courts in five districts to tackle rising drug case backlog

The Kerala High Court recently directed the State government to establish courts tasked with exclusively hearing cases under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) in five districts, to address the high pendency of narcotic cases [Suo Motu proceedings initiated by the High Court of Kerala v State of Kerala & ors and connected cases].

The State had proposed setting up such courts in two districts, namely in the capital city of Thiruvananthapuram and in Ernakulam.

The Court said that this was inadequate and ordered that such courts be set up in three more districts, namely in Thrissur, Palakkad, and Manjeri.

"The decision of the Government could not have been restricted to additional courts in two districts. We find that there is an immediate necessity for the establishment of separate and exclusive NDPS courts in the districts of Thrissur, Palakkad, and Manjeri," it said.

In the January 27 order, the Division Bench of Chief Justice Soumya Sen and Justice C Jayachandran ordered the State to take steps to set up these courts within eight weeks.

"We direct the State to take immediate steps for the creation of exclusive NDPS courts with full infrastructure in respect of the additional two courts at Thiruvananthapuram and Ernakulam, as proposed by the State, as well as for the three more districts as indicated in this order. The Government shall file a compliance report within eight weeks from today," the January 27 order said.

The Court passed the order on a batch of petitions concerning the growing drug problem in the State of Kerala and the delay in hearing NDPS cases initiated owing to infrastructural and staffing shortages at trial courts.

The Court had also initiated a suo motu case in the matter. Another related petition being considered by the Court has been filed by the Kerala State Legal Services Authority (KELSA).

KELSA's plea flags concerns about vacancies in the Forensic Science Laboratories (FSL), which were also contributing to serious delays in investigations and trials in drug cases.

On January 27, the Bench expressed dissatisfaction with the steps taken by the State so far to comply with its earlier directions as well as to implement the Supreme Court's judgement in Thana Singh v Central Bureau of Narcotics on the need for special courts to deal exclusively with NDPS cases.

The Court noted that even if the State intended to strengthen the system by allocating additional courts in select districts, restricting such measures to only two districts was insufficient. Thus, it directed the State to set up NDPS courts in three more districts.

In the connected writ petition concerning forensic analysis delays, the Court took note of the State's submission that out of 31 posts proposed by the State Police Chief for FSLs, only 12 had been sanctioned so far. The proposal to set up the remaining 19 posts was pending before the Finance Department.

The Court has directed the State to fill the sanctioned vacancies at the earliest and instructed the Finance Department to communicate its decision regarding the creation of the remaining posts.

The State was also directed to file a compliance report within three weeks.

The suo motu case has been posted next on March 24, 2026, while the writ petition filed by KELSA is posted next on February 17, 2026.

Advocate Leo Lukose appeared for the High Court (administrative side) in the suo motu case.

Central Government counsel TV Vinu represented the Central government.

State attorney N Manoj Kumar appeared for the State.

Advocate Hari Kumar G assisted the Court as amicus curiae.

Advocates Roshen D Alexander, Tina Alex Thomas and Harimohan appeared for KELSA, while standing counsel PC Sasidharan represented the Kerala Public Service Commission.

[Read Orders]