The Kerala High Court, on July 3, 2025, expressed serious concern over the rising delay in criminal trials under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, attributing it to the large number of vacancies in the state's Forensic Science Laboratories (FSLs). The Special Bench comprising Chief Justice Nitin Jamdar and Justice C. Jayachandran observed that the unfilled posts of scientific officers and other staff are obstructing justice in narcotics-related cases.
The Bench made these observations while hearing a batch of public interest litigations, including one filed by the Kerala State Legal Services Authority (KeLSA) and another by a concerned mother highlighting the alarming increase in drug abuse among school and college students in Ernakulam.
“If the menace of rising drug abuse is to be curbed, the penal side of the solution also needs to be strengthened,”
– Kerala High Court
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The Court directed the Commissioner of Police, Ernakulam City, to appear either virtually or physically on the next hearing date—July 23—and present a clear action plan to tackle the substance abuse issue among students. It was also noted that the petitioner, a mother of two school-going children, had submitted independent data and findings which she intends to share with the police.
The Court referred to previous orders where it had directed the State to submit statistical data from the last 5 to 10 years covering reported drug cases, trends, age groups affected, and regional details. However, the affidavit submitted by the Deputy Secretary, Home Department, only included raw data on the number of cases, particularly highlighting that Ernakulam City recorded the highest number of cases involving minors—53 between 2015 and 2024. The Court emphasized the need for deeper analysis, noting that data without inference or trends is of limited use.
"A focused study is required to ascertain the regional trend and the reasons behind the use; only then can effective measures be taken,"
– Kerala High Court
The matter was also linked with W.P.(C) No. 16773 of 2020, which dealt with the lack of appointments of Special Public Prosecutors and scientific staff in FSLs, especially concerning cases under the POCSO Act. The Court observed that although some progress had been made in appointing prosecutors, the FSL staff vacancies continued to hinder criminal justice delivery, especially in NDPS trials.
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The Kerala Public Service Commission, in its counter affidavit, claimed that timely recruitment actions had been taken, placing the responsibility on the State Government. The State, however, offered a differing view. The Court refrained from debating these contentions and instead directed both authorities to hold joint meetings and create a strategy to fast-track the recruitment process.
Additionally, the Registrar (District Judiciary) of the High Court has been tasked with submitting a report detailing the pendency of NDPS trials across the state, which are being held up due to delays in forensic reports. This report is to be shared with both the Public Service Commission and the State Attorney.
The matter is now scheduled for further hearing on 23rd July 2025 at 1:45 PM.
Case Title: Sumi Joseph v. The Chief Secretary and Connected Case
Case No.: W.P.(C) No. 23505 of 2023 and Connected Case
