HCP No. 327/2025 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No. 327/2025 Pronounced on: 13.07.2026 Adnan Rasool Ganie …Petitioner(s) Through: Mr. Tawheed Ahmad Sofi, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT 1. Heard learned counsel for the petitioner. 2. Perused the writ pleadings and documents annexed therewith. 3. The petitioner-Adnan Rasool Ganie, being in a state of preventive detention custody w.e.f 24.07.2025 came forward with the institution of this writ petition on 12.11.2025 thereby seeking his release from preventive detention custody effected by virtue of HCP No. 327/2025 detention order No. DIVCOM-“K”/128/2025 dated 21.07.2025 passed by the respondent No.2-Divisional Commissioner, Kashmir purportedly acting in exercise of authority under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act, 1988. 4. The petitioner is left with a very short remainder period of his detention custody of one year and, therefore, is still investing his faith in the constitutional court to pronounce a verdict in his writ petition rather than letting it go infructuous by efflux of time, and this court is, thus, coming to respond to said trust of the petitioner. 5. In the grounds of detention, the respondent No.2-Divisional Commissioner, Kashmir refers to the petitioner’s involvement in criminal case FIR No. 58 of 2022 of Police Station, Parimpora and by that solitary reference, the petitioner has been profiled to be a potential for carrying forward his indulgences in drug trafficking in the area as per the assessment of Senior HCP No. 327/2025 Superintendent of Police, (SSP), Srinagar made in his dossier No. LGL/Det-PIT/8141-44 dated 04.03.2025. 6. If the dossier was of 04.03.2025, then there was no reason for the respondent No.2-Divisional Commissioner, Kashmir to defer his interest and indulgence for a period of more than four months in coming up with detention order No. DIVCOM- “K”/128/2025 dated 21.07.2025. 7. This time gap which has not been explained renders the very basis of the petitioner’s preventive detention a mockery of the PIT NDPS Act, 1988 and the mischief which it intends to check vis-à-vis a prospective detenu falling within the scope of mischief of section 3. 8. In the light of the aforesaid, the preventive detention of the petitioner effected vide order No. DIVCOM-“K”/128/2025 dated 21.07.2025 read with the confirmation order passed by Government of Union Territory of Jammu and Kashmir is held to be illegal and is/are hereby quashed. HCP No. 327/2025 9. The petitioner is directed to be restored to his personal liberty by his release from the concerned Jail wherever he is kept detained, for which purpose the Superintendent of the concerned Jail to release the petitioner forthwith. (RAHUL BHARTI) JUDGE SRINAGAR: 13.07.2026 “Manzoor” Whether the judgment is speaking : Yes / No Whether the judgment is reportable : Yes / No