Centre urges states to set up special courts for pending drug cases

Polity & Governance / Internal Security · 4 August 2026 · Based on Indian Express (original report)

2-minute summary

India is currently grappling with a severe backlog in drug-related judicial proceedings, with nearly 3.96 lakh cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act pending nationwide. To address this issue, the Union Ministry of Home Affairs (MHA) has directed states and Union Territories to establish dedicated special courts to ensure expedited trials. According to data presented by the Narcotics Control Bureau (NCB), only 65 exclusive special NDPS courts are currently functional across India, while 22 states lack exclusive special courts altogether. High-pendency states include Punjab (60,000 cases; 0 special courts), Kerala (50,000 cases; 2 courts), Tamil Nadu (15,000 cases; 5 courts), and West Bengal (11,000 cases; 0 courts). Case registrations under the NDPS Act have registered a sharp increase, rising from 1.73 lakh (between 2004–2014) to 8.75 lakh (between 2014–2026). To accelerate trial proceedings, the MHA suggested introducing pre-trial conferences—similar to Supreme Court constitutional case management—to fix strict timelines and reduce delays caused by lengthy witness examinations involving organized narco-syndicates.

Why it's in the news

The Ministry of Home Affairs (MHA) has urged states and Union Territories to set up exclusive special courts under the NDPS Act to resolve a massive backlog of nearly 3.96 lakh pending drug cases. A review revealed that 22 states lack exclusive NDPS courts, and only 65 such dedicated courts operate nationwide.

Background and context

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, serves as the primary legislation in India for controlling illicit drug trafficking and drug abuse. Section 36 of the Act empowers the government to establish Special Courts to expedite trial proceedings. Geographically, India is vulnerable to drug transit and consumption due to its position between two major illicit opium-producing regions: the 'Golden Crescent' (Iran, Afghanistan, Pakistan) to the west and the 'Golden Triangle' (Myanmar, Laos, Thailand) to the east. Enforcement efforts over the last decade have led to a substantial rise in arrests and drug seizures, with registered NDPS cases surging from 1.73 lakh (2004–2014) to 8.75 lakh (2014–2026). However, judicial infrastructure has not kept pace with the growing volume of arrests. This mismatch has resulted in severe court pendency, prolonged incarceration of undertrials, and delays in prosecuting complex multi-accused drug syndicates, undermining internal security efforts against narco-terror networks.

Constitutional provisions

Article 21 — Guarantees Right to Life and Personal Liberty; the Supreme Court has held that the right to a speedy trial is an integral part of Article 21.
Article 39A — Directive Principle mandating Equal Justice and Free Legal Aid, directing the State to ensure equal opportunity in securing justice.
Article 47 — Directive Principle requiring the State to endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Committees and reports

Malimath Committee Report on Criminal Justice Reforms — Recommended fast-tracking trials, improving court infrastructure, and creating specialized courts for complex crimes.
Law Commission of India (245th Report on Arrears and Pendency) — Emphasized setting up dedicated special courts and enhancing judicial capacity to reduce pendency in specialized statutory offences.

Government schemes

NCORD (Narco-Coordination Centre) Mechanism — A multi-tier mechanism established to foster effective coordination among central and state drug law enforcement agencies.
NIDAAN (National Integrated Database on Arrested Narco-offenders) — A centralized database accessible to intelligence and law enforcement agencies to track and monitor repeat drug offenders nationwide.
Nasha Mukt Bharat Abhiyaan (NMBA) — Flagship demand-reduction campaign focused on community outreach, rehabilitation, and awareness against substance abuse.

International organisations

United Nations Office on Drugs and Crime (UNODC) — Global leader in the fight against illicit drugs and international crime, helping member states implement international drug control treaties.
International Narcotics Control Board (INCB) — Independent monitoring body for the implementation of UN international drug control conventions.

Mains practice: With nearly four lakh drug-related cases pending in Indian courts, evaluate the necessity and structural challenges of establishing exclusive Special Courts under the NDPS Act. How can procedural reforms accelerate trial processes?

The Ministry of Home Affairs recently highlighted a staggering backlog of nearly 3.96 lakh cases pending under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, urging states to establish exclusive Special Courts under Section 36 of the Act. Currently, only 65 dedicated NDPS courts operate across India.

• **Necessity of Exclusive Special Courts:**

• **Upholding Constitutional Mandate:** Speedy trial is a fundamental right under Article 21. Prolonged detention of undertrials without trial violates personal liberty.

• **Unburdening Regular Courts:** NDPS cases often involve organized syndicates, extensive witness lists, and complex forensic evidence, which severely overburden ordinary criminal courts.

• **Deterrence against Narco-Terrorism:** Delayed prosecution weakens deterrence, allowing cross-border organized crime networks to exploit judicial lag.

• **Structural Challenges in Implementation:**

• **Judicial Shortfalls:** Low judge-to-population ratios and delays in securing High Court approvals for designated special courts stall implementation.

• **State-Level Asymmetries:** Several high-pendency states like Punjab (60,000 pending cases) and West Bengal (11,000 cases) lack a single exclusive special court.

• **Forensic & Prosecutorial Bottlenecks:** Delays in obtaining Chemical Examiner reports from overburdened Forensic Science Laboratories (FSLs) stall trial commencement.

• **Key Procedural Reforms:**

• **Pre-Trial Case Management:** Adopting pre-trial conferences—fixing trial schedules and witness examination timelines as suggested by MHA—can eliminate unnecessary adjournments.

• **Digital Integration:** Leveraging NIDAAN and CCTNS for e-summons, digital evidence submission, and video-conferencing of witness testimony.

• **Dedicated Prosecutorial Cadre:** Establishing specialized, trained prosecution units exclusively for NDPS cases.

Establishing exclusive Special Courts alongside time-bound procedural reforms is essential to secure rapid conviction, dismantle narco-trafficking networks, and maintain national internal security.

Prelims practice questions

Q1. With reference to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, consider the following statements: 1. Section 36 of the NDPS Act empowers the government to constitute Special Courts for the speedy trial of offences. 2. The Narcotics Control Bureau (NCB) functions as the nodal drug law enforcement agency under the Union Ministry of Health and Family Welfare. Which of the statements given above is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2

Answer: A. Statement 1 is correct: Section 36 of the NDPS Act provides for the constitution of Special Courts by state governments/Centre to ensure speedy trials. Statement 2 is incorrect: The Narcotics Control Bureau (NCB) functions under the Ministry of Home Affairs (MHA), not the Ministry of Health and Family Welfare.

Q2. Which of the following regional pairs correctly describes the two major drug-producing hubs flanking India's geographical borders?

Golden Crescent (Iran, Afghanistan, Pakistan) and Golden Triangle (Myanmar, Laos, Thailand)
Golden Crescent (Myanmar, Laos, Vietnam) and Golden Triangle (Iran, Iraq, Syria)
Golden Crescent (Afghanistan, Tajikistan, Uzbekistan) and Golden Triangle (China, Myanmar, Laos)
Golden Crescent (Pakistan, India, Nepal) and Golden Triangle (Thailand, Cambodia, Vietnam)

Answer: A. India is geographically situated between the 'Golden Crescent' (comprising Iran, Afghanistan, and Pakistan) to its west and the 'Golden Triangle' (comprising Myanmar, Laos, and Thailand) to its east, making it highly vulnerable to illicit drug transit and narco-trafficking.

Q3. Consider the following mechanisms/initiatives: 1. NCORD (Narco-Coordination Centre) 2. NIDAAN (National Integrated Database on Arrested Narco-offenders) 3. Nasha Mukt Bharat Abhiyaan Which of the above mechanisms operate directly under the Ministry of Home Affairs (MHA)?

1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3

Answer: A. NCORD and NIDAAN operate under the Ministry of Home Affairs / NCB. Nasha Mukt Bharat Abhiyaan is a flagship demand-reduction campaign implemented by the Ministry of Social Justice and Empowerment.

Revision flashcards

How many NDPS cases are currently pending in Indian courts, and how many exclusive special courts exist (as of August 2026)? Nearly 3.96 lakh cases are pending nationwide, while only 65 exclusive special NDPS courts are currently functional.
Which statutory provision under the NDPS Act, 1985 provides for the creation of Special Courts? Section 36 of the NDPS Act, 1985.
Which Directive Principle of State Policy (DPSP) addresses the prohibition of intoxicating drugs? Article 47 of the Indian Constitution directs the State to bring about prohibition of consumption of drugs injurious to health except for medicinal purposes.
What is the NCORD mechanism? The Narco-Coordination Centre (NCORD) is a multi-tier coordination mechanism under the Ministry of Home Affairs to streamline anti-narcotics efforts among agencies.
What procedural reform did the MHA suggest to trial courts to expedite NDPS trials? Pre-trial conferences to fix strict timelines for proceedings and witness examinations, similar to Supreme Court constitutional matters.