HC quashes PIT-NDPS detention over unexplained four-month delay

15/07/2026

JAMMU, Jul 14: The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of Adnan Rasool Ganie under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, holding that an unexplained delay of more than four months between the preparation of the police dossier and the issuance of the detention order rendered the action illegal.
Justice Rahul Bharti directed the immediate release of the petitioner from the concerned jail, observing that his personal liberty should be restored forthwith.
Ganie had been detained since July 24, 2025, pursuant to an order passed by the Divisional Commissioner, Kashmir, on July 21, 2025, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
The petitioner challenged the detention through a habeas corpus petition, contending that the order was illegal and liable to be quashed.
The court noted that the grounds of detention were based on the petitioner's alleged involvement in FIR No. 58/2022 registered at Police Station Parimpora, on the basis of which the authorities apprehended that he was likely to continue his alleged involvement in drug trafficking activities.
It observed that the assessment was contained in a police dossier prepared by the Senior Superintendent of Police, Srinagar, on March 4, 2025, whereas the detention order was issued only on July 21, 2025.
Justice Bharti held that the respondents had failed to explain the delay of more than four months in acting upon the police dossier.
The court observed that the unexplained delay snapped the live and proximate link between the alleged activities and the need for preventive detention, thereby defeating the very purpose of the PIT-NDPS Act.
It further noted that although only a short period of the petitioner's one-year detention remained, he had continued to pursue his constitutional remedy instead of allowing the matter to become infructuous.
Holding the detention to be unsustainable in law, the High Court quashed the detention order dated July 21, 2025, as well as the subsequent confirmation order issued by the J&K Government.
The Superintendent of the concerned jail was directed to release the petitioner forthwith, provided he was not required in any other case.
Advocate Tawheed Ahmad Sofi appeared for the petitioner. There was no appearance on behalf of the respondents.

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