Srinagar- The High Court in Srinagar has delivered a ruling that many lawyers in Kashmir say was long overdue. 

Justice Mohammad Akram Choudhary struck down a preventive detention order against a Pulwama resident and sent a clear message that special detention laws cannot replace regular policing or proper investigation.

The case involved Tariq Ahmad Ganaie from Chandgam. Police had accused him of being part of a drug network and claimed he supplied heroin to young people. 

He was detained under the PIT NDPS Act, which allows the government to hold someone without trial for suspected drug trafficking. 

His lawyers, Zahid Hussain Dar and Naveed Bukhtiyar, argued that the accusations against him were broad and hollow. 

They said there were no dates, names and details that could help him defend himself. 

The lawyers also pointed out that Ganaie was given only a copy of the police dossier and that the Divisional Commissioner reproduced the same text in the detention order.

Kashmir has seen a sharp rise in drug addiction, especially heroin use, and officials often describe it as one of the region’s most serious social crises. 

This pressure has led the administration to lean heavily on preventive detention laws. 

The court acknowledged the seriousness of the drug problem, though it reminded the authorities that even in difficult times, the law demands fairness and clear reasoning.

Justice Choudhary reviewed the detention file and found no independent assessment by the detaining authority. 

The order carried the same words as the police report, which signaled “a lack of application of mind”. 

The court said this made it impossible for Ganaie to understand the case against him or prepare a response. 

The judge also noted that the administration did not explain why ordinary criminal law was insufficient. 

Without that explanation, a detention under such a strict law cannot stand.

The court held that the order was based on vague claims and failed to show any real need for preventive custody. 

It directed that Ganaie be released unless he is wanted in another case.