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43 Lawyers Urge Bombay HC to Double Special NDPS Courts Amid Backlog of 4,747 Cases

43 Lawyers Urge Bombay HC to Double Special NDPS Courts Amid Backlog of 4,747 Cases

A group of 43 lawyers has written to the Bombay High Court seeking to increase the number of special courts handling Narcotic Drugs and Psychotropic Substances (NDPS) Act cases in Mumbai from four to eight, citing a mounting backlog of approximately 4,747 pending matters.

The lawyers submitted a formal letter to High Court guardian judges Justice MS Karnik and Justice Neela Gokhale earlier this month. They highlighted that among the four existing special NDPS courts, one has remained vacant for the past two months. While 4,747 cases remain pending across these courts—including one dating back to 1989—trials are actively underway in only 509 cases.

According to the letter, the heavy caseload severely restricts trial progression, with courts managing to conclude no more than two cases per month. Each court handles around 60 listed matters every day, dealing with custody hearings, bail pleas, remand applications, and other miscellaneous petitions that take precedence over full trials.

The backlog continues to expand as enforcement agencies lodge an average of 15 to 16 new cases each week. These cases are brought by agencies including the Narcotics Control Bureau, the Directorate of Revenue Intelligence, customs, the Anti Narcotics Cell of the Mumbai Police, and local police stations.

The lawyers noted that several accused individuals, including many women, remain in custody for more than three years before their trials even begin. Proceedings are also extended because prosecution witness lists frequently range between 15 and 40 witnesses, with certain cases citing more than 100 witnesses.

A senior public prosecutor representing special agencies noted that because custody matters are prioritised, cases where the accused are out on bail face extensive delays. In several instances, accused persons abscond before their cases reach the trial stage. The prosecutor added that delays weaken cases because seized contraband can lose its veracity over time, records may get misplaced, and witnesses become harder to trace.

Criminal lawyer Ayaz Khan, one of the signatories to the letter, stated that judges are currently overwhelmed by the volume of work. Khan noted that because judges must decide numerous time-bound applications, trials take a back seat, making it difficult to maintain focus on the disposal of trials.

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