Strict compliance with procedural safeguards under detention law is crucial for lawful detention; failure results in unlawful imprisonment.

[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 interpreter, recorded statement from the appellant at the Narcotics Crime Investigation Department, IPD Penampang, Sabah.

4.2. Upon being satisfied that there was sufficient evidence to show that the appellant was involved in drug trafficking activities, a copy of the complete report of the investigation was submitted to the Deputy Minister of Home Affairs and the Inquiry Officer of the Ministry.

4.3. On 29 September 2017, Deputy Commissioner of Police Dato' Kamarul Zaman bin Mamat, being an officer designated by the Inspector General of Police under s 3(2)(c) of the 1985 Act, received a report on the circumstances surrounding the arrest and detention of the appellant ("the report") from Deputy Superintendent of Police Rosley bin Hobden, the Head of Crime Prevention and Community Safety Department IPD Miri, Sarawak. On 2 October 2017, Dato' Kamarul Zaman authorised further detention of the appellant beyond 14 days in accordance with the requirements of s 3(2)(c) of the 1985 Act. The Deputy Minister received the report on 19 October 2017.

4.4. On 25 October 2017, the Inquiry Officer, Nadia binti Mohd Izhar ("Inquiry Officer"), received an investigation report made under s 3(3) of the 1985 Act from Inspector Mohamad Faizal bin Mahzir. The report, among others, contained written statements recorded from certain witnesses and the appellant. On 14 November 2017, the Inquiry Officer conducted a physical examination on the appellant under s 5(2) of the 1985 Act at the Operations Room, Narcotics Department, IPK Sabah.

4.5. On 15 November 2017, the Inquiry Officer submitted a report to the Deputy Minister pursuant to s 5(4) of the 1985 Act after having been satisfied that there were reasonable grounds to believe that the appellant had been or was associated with activities relating to or involving the trafficking in dangerous drugs i.e methamphetamine as defined under s 2 of the Dangerous Drugs Act 1952.

4.6. After considering the police investigation report and the inquiry report submitted under ss 3(3) and 5(4) of the 1985 Act, the Deputy Minister issued a detention order on 17 November 2017 under s 6(1) of the 1985 Act, directing the appellant to be detained for a period of two years at the Pusat Pemulihan Akhlak Simpang Renggam, Johor ("the Centre") with immediate effect. The detention order, the grounds of the detention order and the statement of facts upon which the order was made were prepared by Arbi bin Suhadat, Assistant Secretary at the Security and Public Order Division, Ministry of Home Affairs under the instruction of the Deputy Minister. On the date the detention order was issued, the original copy of the detention order, t