[1] This appeal emanated from the decision of the learned High Court Judge given on 20 July 2018. The learned judge had dismissed the appellant's application for a writ of habeas corpus.

[2] The learned judge was satisfied that the detention order issued by the Deputy Minister of Home Affairs against the appellant was lawfully made. The learned judge further held that all the issues raised by the appellant were not issues of non-compliance as enunciated by the Federal Court in the case of Mohd Faizal Haris v. Timbalan Menteri Dalam Negeri Malaysia & Ors, 2005 MarsdenLR 2481 .

[3] We heard the appeal on 4 September 2019 and unanimously allowed it. We now set out our detailed grounds for our decisions.

The Factual Background And Antecedent Proceedings

[4] The factual background and antecedent proceedings may be summarised as follows:

4.1. The appellant was arrested under s 3(1) of the Dangerous Drugs (Special Preventive Measures) Act 1985 ("1985 Act") on 21 September 2017, at about 2.30pm, at Jalan Donggongon Kasigui, Penampang, Sabah. On 1 October 2017, the Investigating Officer, Inspector Mohamad Faizal bin Mahzir, assisted by D/ Corporal Mei Ling @ Mei Liang who acted as an interpre