( 1 ) THE petitioner, Sanjay Rajinder Sharma @ Sunil Chhibber has assailed the detention order dated 30th August, 1999 which was served on him on 21st September, 1999. It was confirmed by the Central Government on 25th November, 1999 under Section 9 (f) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter called the PITNDPS Act) for one year. The said order has been assailed on many grounds but during arguments counsel for the petitioner restricted the challenge primarily on two grounds, namely, (1) that the impugned detention order amounted to double detention; and (2) that there is an Unexplained delay in disposal of his representation which is violative of Article 22 (5) of the Constitution of India.

( 2 ) IN order to appreciate the above challenge we may have a quick glance to the facts of this case. Petitioner was arrested on 24th February, 1999 under Section 21 of the NDPS Act on the ground that he was carrying heroin 2. 3 Kg. in his Knee pad on his person. The said recovery was made from his possession. Accordingly complaint was filed against him. That case is still pending trial. While the petitioner was in cust