Kerala HC Seeks Focused Data And Police Action Plan On Student Drug Abuse | Slams Delays In Forensic And Prosecutor Appointments Affecting NDPS Trials
Safiya Malik
The High Court of Kerala Division Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran held that a focused study is required to address the issue of rising drug abuse among school and college students and directed the Commissioner of Police, Ernakulam City to assist the Court by sharing a proposed action plan. The Court further directed the State Government and the Public Service Commission to coordinate in filling vacancies in the Forensic Science Laboratories to strengthen criminal trials under the NDPS Act. The Bench fixed the next hearing date and ordered submission of reports regarding pending NDPS cases delayed due to absence of forensic reports.
W.P.(C) No. 23505 of 2023 was filed by the mother of two school-going children stating the increasing trend of drug abuse among school children and college youth. She submitted various statistics collected independently, seeking directions to the authorities to curb drug abuse. The Court had earlier directed the State to place before it a compilation of statistical data for at least the last five to ten years, including the number of cases reported, regional trends, affected age groups, and other relevant factors. An affidavit was filed by the Deputy Secretary, Home Department, containing district-wise figures of cases registered against children below 18 years for drug use. The highest number of cases was reported from Ernakulam City, with 53 cases between 2015 and 2024. However, apart from this table, no further material was provided. The Court noted that no inference from the data or patterns based on age, locality, and other factors was made available.
The Bench recorded that without structural and statistical data, interventions by the authorities would remain ad hoc. It observed that a focused study was required to ascertain regional trends and reasons behind drug use to implement effective measures. Considering that Ernakulam City reported the highest number of cases, the Court decided to focus the present enquiry on that region and directed the Commissioner of Police, Ernakulam City to assist the Court by sharing, either physically or virtually at the next hearing, the plan of action proposed to address drug abuse among students and whether any detailed study had been carried out.
The counsel for the petitioner stated that the petitioner had also collected certain data which would be shared with the Commissioner in advance and submitted that the problem appeared more acute in Ernakulam City.
The connected matter, W.P.(C) No. 16773 of 2020, was filed by the Kerala State Legal Services Authority raising the issue of vacancies in the posts of Special Public Prosecutors, Scientific Officers, and other staff in Forensic Science Laboratories in the context of the Protection of Children from Sexual Offences Act, 2012. The State Attorney submitted that steps were being taken to appoint Special Public Prosecutors. However, the Court recorded that delay in filling vacancies in Forensic Science Laboratories remained a matter of concern not only in POCSO cases but also under the Narcotic Drugs and Psychotropic Substances Act, 1985, where criminal trials were being affected due to such delays.
The learned Standing Counsel for the Public Service Commission submitted a counter affidavit stating that the Commission had taken timely steps and further action was required from the State Government. The State Attorney, however, stated that the position was to the contrary. The Court noted that it was not entering into the merits of the counter affidavit but was concerned with the resultant situation of vacancies affecting the criminal justice system.
The Court recorded: “Noting that in the absence of a structural and statistical data the interventions by the authorities be only an adhoc one, by order dated 29 May 2025 we called upon the State to place before us the compilation of statistical data covering at least the last five to ten years regarding the number of cases reported, trends shown by the data, the regions where cases are on the rise, the age groups affected and other relevant factors.”
It stated: “An affidavit has been filed by the Deputy Secretary, Home Department, wherein only the figures of the cases registered against the children in various districts have been enumerated.”
The Court recorded: “No inference from the study or any patterns based on age, locality and other factors seems to be available with the State or at least not placed before the Court despite direction.”
It observed: “A focused study is required to ascertain the regional trend and the reasons behind the use; only then can effective measures be taken.”
Regarding Ernakulam City, it recorded: “Taking note of the fact that the highest number of cases are reported from the Ernakulam City, at present, the enquiry in this petition can focus on the issue of drug abuse among school and college students in Ernakulam City.”
The Bench stated: “For lack of any material placed before us, we will have to request the Commissioner of Police, Ernakulam City to assist the Court by appearing either physically or virtually during the next hearing and share with the Court the plan of action the Commissioner proposes to implement as regards the city of Ernakulam and whether any detailed study is carried out.”
On vacancies affecting forensic reporting, it observed: “The issue originally raised in W.P.(C)No.16773 of 2020 was that the vacancies in the post of Special Public Prosecutors, Scientific Officers and other staff in the Forensic Science Laboratories were not being filled up in the context of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).”
It recorded: “However, the issue of delay in filling up of the vacancies in the Forensic Science Laboratories, not only in cases under the POCSO Act but in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), remains a matter of concern.”
Finally, the Court stated: “We are concerned with the resultant situation. It is for the State Government and the Commission to co-ordinate and ensure that these posts, which directly affect the criminal justice system in the State more particularly the issue at hand, do not remain vacant for an unduly long period of time.”
The Court directed that the enquiry in the present petition will focus on drug abuse among school and college students in Ernakulam City.
It requested the Commissioner of Police, Ernakulam City to assist the Court by appearing either physically or virtually during the next hearing and to share the plan of action proposed for addressing the issue in the city as well as to inform whether any detailed study has been carried out.
The Court further directed that the Registrar (District Judiciary), High Court shall submit a report before the next date of posting regarding the pendency of criminal trials under the NDPS Act in the State which has arisen due to delay in getting reports from the Forensic Science Laboratories.
It directed that a copy of the report be shared with the learned Standing Counsel for the Commission and the learned State Attorney.
The Court directed the concerned officers of the Public Service Commission and the State Government to coordinate by holding a joint meeting and to place before it the methodology by which delays in filling vacancies can be reduced.
The matter was directed to be posted on 23 July 2025 at 1:45 p.m.
Advocates Representing the Parties
For the Petitioners: Mr. Roshen D. Alexander, Advocate; Mr. G. Hariharan, Advocate
For the Respondents: Mr. N. Manoj Kumar, State Attorney; Mr. P.G. Pramod, Government Pleader; Mr. P.C. Sasidharan, Standing Counsel for Kerala Public Service Commission
Case Title: Kerala State Legal Services Authority vs. State of Kerala and Connected Case
Case Number: WP(C) No. 16773 of 2020 and WP(C) No. 23505 of 2023
Bench: Chief Justice Nitin Jamdar, Justice C. Jayachandran
