JUDGMENT

Introduction

[1] This appeal stemmed from the decision of the High Court refusing to issue the appellant a writ of habeas corpus. We heard the appeal on 12 February 2019 and after careful consideration, unanimously allowed it. We set aside the order of the High Court, allowed the appellant's application for a writ of habeas corpus and ordered that he be released from detention with immediate effect. These are our written reasons.

Background

[2] The appellant was arrested on 21 February 2017 under s 3 of the Dangerous Drugs (Special Preventive Measures) Act 1985 (the Act). Upon investigation and submission of the various reports to the 1st respondent, the 1st respondent exercised his discretion to issue a detention order (Detention Order) dated 19 April 2017 detaining the appellant at Pusat Pemulihan Akhlak Machang, Kelantan for two years effective from the date of issuance.