Abdul Rahman Sebli FCJ:

The Detention Order

[1] A Detention Order dated 27 April 2020 was issued by the Deputy Minister of Home Affairs ("the Deputy Minister") against the appellant under s 6(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("the Act"), ordering for the appellant to be detained at Pusat Pemulihan Akhlak Batu Gajah, Perak for a period of two years with effect from the date of the detention order.

[2] The appellant applied to the High Court for a writ of habeas corpus to be issued for his release vide Notice of Motion dated 27 July 2020 supported by his affidavit affirmed on 16 July 2020. The application was dismissed by the learned judge on 7 December 2020 on the ground that there was no procedural impropriety in the detention of the appellant to warrant the grant of a writ of habeas corpus.

[3] Before us, the appellant raised the following two issues:

(1) There was a delay of 36 days by the police Investigating Officer in submitting the complete investigation report ("the investigation report") under s 3(3) of the Act to the Inquiry Officer of the Home Affairs Ministry and to the Deputy Minister of Home Affairs and this had prejudiced the appel