Kerala HC directs govt to set up special NDPS courts in three more districts

The Kerala High Court has directed the State government to set up Special NDPS Courts in three additional districts, in addition to the proposed courts in Thiruvananthapuram and Ernakulam, to strengthen efforts to curb the drug menace in the State.

The direction came from a Division Bench comprising Chief Justice Soumen Sen and Justice C Jayachandran while hearing a batch of petitions related to drug abuse and enforcement of the NDPS Act. The issue arose from a suo motu case initiated by the High Court Registry concerning the establishment of exclusive NDPS courts in Kerala.

During the proceedings, the court noted an urgent need to establish separate and exclusive NDPS courts in the districts of Thrissur, Palakkad and Manjeri. It was earlier informed that Kerala currently has only two such courts, located in Kozhikode and Idukki districts. Finding this arrangement inadequate, the court had sought the State’s position on setting up NDPS courts across all districts.

Subsequently, the State informed the court that it proposed to establish two additional NDPS courts at Thiruvananthapuram and Ernakulam. However, the Bench expressed dissatisfaction with this proposal, reiterating that the immediate requirement extended to Thrissur, Palakkad and Manjeri as well.

“We are not satisfied with the explanation offered by the 2nd respondent with regard to the compliance of the earlier directions of this Court, as also the implementation of the judgment of the Hon'ble Supreme Court in Thana Singh v. Central Bureau of Narcotics.

“Even if we accept the submission made on behalf of the State that the object of the said judgment is to strengthen exclusive NDPS courts in districts with high pendency by ensuring appropriate allocation of cases, the decision of the Government could not have been restricted to additional courts in two districts,” the court said.

The Bench consequently directed the State to take immediate steps to establish fully equipped, exclusive NDPS courts in Thiruvananthapuram and Ernakulam, along with three more districts. It also ordered the government to submit a compliance report within eight weeks.

The court also took note of concerns raised earlier regarding delays in NDPS trials due to vacancies in Forensic Science Laboratories (FSLs). The State Attorney informed the court that of the 31 posts proposed by the State Police Chief, 12 had been approved, while the remaining 19 were pending consideration before the Finance Department.

Directing further action, the court ordered the State to fill the 12 sanctioned posts without delay and instructed the Finance Department to convey its decision on the remaining vacancies to the concerned authorities. The matter has been posted for further hearing on February 17.
(With Live Law Inputs)