Jammu & Kashmir High Court – Srinagar Bench
Adnan Rasool Ganie vs Union Territory Of J&K And Ors on 13 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
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 Page 1 of 4
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 Page 2 of 4
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-Ã -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 Page 3 of 4
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
HCP No. 327/2025 Page 4 of 4
