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Alarmed by the “unfortunate alarming increase” in offences under the NDPS Act across the country, the Supreme Court on Monday directed the Centre and States/Union Territories to take steps to establish the requisite exclusive special courts for expeditious trial of narcotics cases, preferably within six weeks.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the suo motu case related to the setting up of exclusive Courts under the special statutes like NIA Act, NDPS Act etc.

Regarding the setting up of exclusive special courts for expeditious trial of cases under Section 11 of the NIA Act, the Supreme Court was informed today that a total of 22 NIA courts have been established across the country. 

With regard to the special exclusive courts for trial of NDPS cases, the Court was informed that good progress has taken place following the court's orders. Out of 449 courts identified as required, 176 have been established. 

The Court observed in the order :

"With support of Govt of India and State Govts and the initiatives of High Courts, the object of passing these orders has been largely achieved and most states have established exclusive special courts for trial of NIA cases under S.11 of the NIA Act (keeping in mind that not more than 10-15 cases be entrusted to one court). Some states have already established requisite courts, however there are some states where requisite courts not yet established."

Giving 6 weeks' time for establishment of requisite NDPS courts, the Court noted,

"It seems to us that owing to current pendency under the NDPS Act, and the unfortunate alarming increase in offenses under the Act on pan- India basis, it is expedient and in the interest of justice that requisite courts are established at the earliest. We direct the Union and the States/UTs to take necessary steps for providing/create infrastructure and appointment of necessary staff so that such courts can be established, preferably within 6 weeks."

During the hearing, ASG Aishwarya Bhati, for NIA, told the Court that 8 new NIA courts had been established since the last date of hearing and the total number now stands at 22. She further submitted that there were delays on the part of Karnataka, Kerala, Tamil Nadu and Telangana, requesting that they be given a nudge to do the needful. "Not even 1 exclusive court set up in these states" the ASG said. 

The status of NIA courts in different States/UTs was discussed thus:

Karnataka

Advocate General for Karnataka informed that the state proposes to setup 3 special exclusive courts for NIA and the same would be done immediately. The Court recorded the AG's submission, including that the 3 courts are likely to be notified in 2 weeks. 

Kerala

On behalf of Kerala, it was informed that orders have been issued for setting up of 2 special exclusive courts for NIA cases. Although counsel for Kerala High Court sought a few months' time, stating that setting up requisite infrastructure would take time, the Court refused to grant time beyond 4 weeks. The CJI commented that Kerala has a pro-active High Court and should not be making such request. The order recorded that the 2 courts would become functional in 1 month's time. 

Tamil Nadu

On behalf of TN, it was informed that the state has total 28 pending NIA cases. As such, 2 courts are being setup, of which 1 is already operational. The counsel stated that the other court will also become operational within 2 weeks. 

Telangana

In context of Telangana, the CJI noted that only 1 court is required. "It's for the benefit of people. Centre giving some funds, avail that", he conveyed to the state counsel. The order recorded the state's submission that only 1 special exclusive court is required considering there are 13 cases under S.11 of the Act. "Let court be established be in 2 weeks", the Court ordered. 

Assam

AoR Shivodeep Roy, for Assam, stated that 1 special exclusive NIA court has been notified and it has become functional, while proposal for 2 other courts is being considered. The CJI noted that the state has pendency of 26 cases. The State was directed to expedite pending proposal and do the needful 4 weeks. 

Jammu & Kashmir

Counsel for J&K submitted to the Court that all courts in the region have to be established in Jammu, which has a separate building for NIA. He contended that J&K can operationalize 1 court immediately. But as there are 47 pending NIA cases, it requires 3 more courts, which are in process of consideration.

The counsel urged that J&K can re-designate present district judges' court as special exclusive courts for NIA cases, whilst withdrawing other work from these courts. CJI categorically replied that the Court wants exclusive courts for NIA cases.

The order recorded the counsel's statement that keeping in view the pendency, 4 courts are required in J&K, of which only 1 court has been notified and 2 more will become functional where only NIA cases will be taken up. 

West Bengal

Senior Advocate Jaideep Gupta, for High Court of Calcutta, submitted that the NIA has given a figure of 21, but the state has 50 pending cases under s. 11 NIA Act. He further stated that 2 exclusive courts are functioning as of now, but 3 more courts are required. The court directed the Union and State to take necessary steps for establishment of 3 more special exclusive courts for NIA cases.

Uttarakhand

Senior Advocate Gaurav Bhatia, for Uttarakhand, informed that the state has a designated court for NIA cases, but there is no pendency. 

Uttar Pradesh

Counsel for UP informed that the state has total 776 NIA cases, 4 of which under Section 11. It was further informed that 1 dedicated court is functional at Lucknow. 

Bihar 

On behalf of Bihar, ASG SD Sanjay informed that there is a pendency of 16 cases and 2 special exclusive NIA courts are functional now.

Telangana

On behalf of Telangana, the court was informed that 1 designated court is dealing with 9 NIA cases. Some other cases are pending investigation.

Odisha 

Odisha Advocate General Pitambar Acharya informed that there are 5 cases pending under Section 11, while there are about 463 UAPA cases in total. He added that the High Court has given a proposal for 12 courts (which is under consideration) and qua the 5 cases under S.11, 1 court appears to be sufficient. As such, the Court ordered, "Let high court in consultation with the state take steps to establish that court in 4 weeks". 

Case Title: IN RE: CREATION OF SPECIAL EXCLUSIVE COURTS Versus, SMW(Crl) No. 1/2026

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