##PAGE1##

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

HCP No. 107/2025

Reserved on: 05.03.2026

Pronounced on : 12.03.2026

Uploaded on : 12.03.2026

Whether the operative part or full

judgment is pronounced: Full

Imran Hussain Giri

….Petitioners

Through:- Mr. Irfaan Khan, Advocate and

Mr. Shabir Ahmed, Advocate.

V/s

UT of J&K & ors

…..Respondents

Through:- Mrs. Monika Kohli, Sr. AAG.

\

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

(JUDGMENT)

01. The petitioner, through the medium of the present

petition, has challenged Order No. PITNDPS 30 of 2025 dated

09.06.2025 (hereinafter to be referred to as “impugned order

of detention”) issued by respondent No. 2-Divisional

Commissioner, Jammu whereby while exercising powers under

Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs

and Psychotropic Substances Act, 1988 (hereinafter to be

referred to as “PITNDPS”), the detaining authority has ordered

preventive detention of the petitioner.

HCP No. 107/2025 Page 1 of 6

02. The petitioner has challenged the impugned order of

detention on the grounds that the same has been passed

without application of mind. It has been contended that the

impugned order of detention has been passed with an

objective, which is alien to the object contemplated by Section

3 of the PITNDPS Act. It has been further contended that the

petitioner even after being bailed out in FIR Nos. 148/2024

and 18/2025 of Police Station, Kishtwar was again illegally

detained under PITNDPS Act, which clearly shows that the

action of the respondents is tainted with malafides and the

same constitutes colourable exercise of power on the part of

the detaining authority. It has also been contended that the

grounds of detention have not been explained to the petitioner

in the language which he understands. It has been contended

that order of detention and grounds of detention are nothing

but reproduction of allegations made by the

Sr. Superintendent of Police, Kishtwar in the dossier.

03. The petition has been contested by the respondents

by filing counter affidavit of respondent No. 2-the detaining

authority. In the counter affidavit, it has been contended that

the petitioner, after getting bail in the cases in which he was

booked, again involved himself in illicit trafficking of narcotic

drugs, which was posing threat to the public order as well as

to the health and welfare of the people. Accordingly, the

detaining authority, after examining the dossier submitted by

SSP, Kishtwar has drawn subjective satisfaction about the

HCP No. 107/2025 Page 2 of 6

imperative need to pass the detention order against the

petitioner. Consequently, the impugned order of detention was

passed.

04. It has been submitted that while executing the

warrant of detention, entire material along with grounds of

detention was furnished to the petitioner and the contents

thereof were explained to him in the language he understood.

It has been contended that the petitioner was informed about

his right to make representation before the Government as well

as before the detaining authority against the detention order.

In order to lend support to the aforesaid contentions, the

respondents have produced the detention record.

05. I have heard learned counsel for the parties and

perused record of the case including the detention record.

06. Although learned counsel for the petitioner has

raised numerous grounds for assailing the impugned order of

detention, yet during the course of arguments, he has laid

much emphasis on the ground that there has been non-

application of mind on the part of the detaining authority while

passing the impugned order of detention inasmuch as the said

order has been passed for an objective, which is alien to the

purpose mentioned in Section 3 of the PITNDPS Act.

07. In the context of the above ground, if we have a look

at the grounds of detention, the detaining authority has, after

narrating the factual aspects, forming basis of lodging of FIR

Nos. 148/2024 and 18/2025, registered with Police Station,

HCP No. 107/2025 Pag