Hasnah Mohammed Hashim FCJ:

[1] A detention order dated 27 August 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 that the Appellant be detained at Pusat Pemulihan Akhlak Machang, Kelantan for two (2) 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. This appeal emanated from the decision of the learned Judicial Commissioner (JC) made on 16 April 2021 who dismissed the Appellant's application for a writ of habeas corpus 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. Aggrieved by the decision of the High Court the Appellant filed this appeal, which was before us. After hearing submissions from parties, both written and oral, we, the majority dismissed the appeal. We herein state our reasons for having so decided.

The Arguments

[3] The Appellant challenged the Detention Order on the grounds that there was a failure to observe the provi