Mohd Eusoff Chin SCJ:

[1] The appellant was arrested and detained by the police on 15 September 1990 at 2.15 pm at Batu Pahat under s 3(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 (hereinafter, the Act). On 13 November 1990, the Deputy Minister of Home Affairs issued a detention order under s 6(1) of the Act for the appellant to be detained at the Pusat Pemulihan Akhlak, Pulau Jerjak, for two years.

[2] A habeas corpus application for the release of the appellant was filed in the Penang High Court on 29 April 1991. The High Court dismissed the application on 28 October 1991. Hence this appeal.

[3] The only ground advanced before us is that the Minister had not complied with the provisions of s 3(3) and s 5(4) of the Act and the failure to comply with these provisions has rendered the detention order void. Sections 3(3) and 5(4) of the Act state:

3(3) The police officer making an investigation pertaining to a person arrested and detained under this section shall cause a copy of the complete report of the investigation to be submitted-

(a) to an Inquiry Officer appointed under subsection (1) of s 5; and

(b) to the Minister,

within such period as may be prescribe