[1] The appellant was detained under a detention order dated 9 April 2009 pursuant to s 6(1) Dangerous Drugs Act (Special Preventive Measures) 1985 (the Act) for drugs trafficking activities He applied to the High Court for a writ of habeas corpus for his release. The High Court had on 19 February 2010 rejected his application. He now appeals to the Federal Court.

[2] The sole ground of appeal is the complaint of non compliance with s 3(2) (a) and (b) of the Act. It was submitted that since there are no affidavits filed by the respondent to rebut the challenge by the appellant of that non compliance to show that the arrest and detention in custody by the police was properly discharged by the designated officers under those subss, the subsequent detention order made by the Deputy Minister is therefore illegal.

[3] The learned senior federal counsel while admitting that there are no affidavits in reply submitted that this does not affect the legality of the detention order made by the Deputy Minister, relying on the authorities which we will now discuss.

[4] The legal issue for our determination in this appeal is neither new nor novel. It has been considered in t