The Gujarat High Court has issued a crucial directive to the state government to establish more special courts in Gujarat for the trial of cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The bench, comprising Justices AS Supehia and Vimal K Vyas, directed the state government to issue a notification at the earliest for the establishment of new NDPS special courts.

The High Court, making a scathing remark, observed that in 2015, the state government had issued a notification for NDPS courts in the state’s four metropolitan cities, but only one out of them is currently functional.

Expressing concern over the pending cases of NDPS, the High Court bench stated, “The principle of speedy trial laid down by the Supreme Court is being violated as there is only one special court available to handle NDPS cases. Unless the state government issues a notification establishing more courts for such trials, this problem cannot be solved. There is an impending need for more courts.”

Gujarat HC orders setting up NDPS courts

The bench issued the order with several observations made during the hearing of an appeal filed by an accused convicted under the NDPS Act before the High Court.

The appellant had raised the issue that “his trial under the NDPS Act was not conducted before a special NDPS court but by an Additional Sessions Judge of the general court.”

It pleaded that the judgment passed by the judge cannot be sustained, as only the special NDPS court has the power to conduct trials for such cases. A judgment passed by an ordinary court is without jurisdiction and is liable to be set aside; read the plea.

Taking into account the prevailing shortage of NDPS courts in Gujarat and the seriousness of this matter, the HC bench observed that “it is not enough to have only one special court for the trial of all NDPS cases in the state. Additional special NDPS courts should be established by the state government for the trial of cases under the NDPS Act.”

The bench also urged the state government to issue a notification for this purpose as soon as possible and initiate the process. The High Court had granted time to the state government for the same over their request.

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