Kerala High Court on NDPS Courts

Kerala High Court Directive on NDPS Courts

• Judicial Directive: The Kerala High Court has mandated the State and Union governments to submit statements regarding the delays and pending issues concerning the establishment and implementation of exclusive courts under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

• Pending Cases: As of the latest report, a total of 8,422 NDPS cases are pending in Kerala. The distribution of cases across various districts is as follows:

  • Ernakulam: 1,492 cases
  • Thiruvananthapuram: 1,245 cases
  • Palakkad: 1,055 cases

• Court's Concern: The Division Bench, consisting of Chief Justice Soumen Sen and Justice C. Jayachandran, expressed serious concern about the state government's failure to establish special NDPS courts, despite multiple extensions granted since January 2026. The government had previously assured the court that the courts would be operational by July 30.

• Potential Consequences: The court indicated it may initiate contempt proceedings against officials responsible for the delays.

• Court's Previous Orders: Earlier directives required the establishment of fully equipped NDPS courts in the following locations:

  • Thiruvananthapuram
  • Ernakulam
  • Thrissur
  • Palakkad
  • Manjeri

• Government Action: Following judicial orders, the State approved the creation of these courts. However, delays persisted, prompting further court intervention.

• Financial Assistance: The court has directed the State to seek financial support under the Scheme for Special Assistance to States for Capital Investment 2025-2026 by approaching the Department of Expenditure, part of the Ministry of Finance.

This summary reflects the current state of judicial proceedings related to the NDPS Act in Kerala, highlighting issues of pending cases, government responsibilities, and the court's proactive stance to ensure timely establishment of justice mechanisms.