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.

[2] 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 Facts

[3] The appellant was arrested and detained under s 3 of the Dangerous Drugs (Special Preventive Measures) Act 1985 (the Act) on 24 March 2017. The 1st respondent duly issued the order of detention (Detention Order) on 18 May 2017 detaining the accused for a period of two years at Pusat Pemulihan Akhlak Muar, Johor with immediate effect.

[4] The appellant argued that his detention was invalid for two reasons: