Section 24
The diversion of dangerous drugs in transit
No person shall, except under the authority and in accordance with the terms and conditions of a diversion certificate in the Form E set out in the Second Schedule, cause or procure any dangerous drug brought into Malaysia in transit to be diverted to any destination other than that to which it was originally consigned. In the case of any drug in transit accompanied by an export authorization or a diversion certificate issued by a competent authority of some other country, the country to which the drug was originally consigned shall be deemed to be the country stated in such export authorization or diversion certificate to be the country of destination.
*NOTE—Previously “ten thousand ringgit” and “three years imprisonment”–see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
Dangerous Drugs 29
(2)
The Minister may, in his absolute discretion, issue a diversion certificate in respect of any dangerous drug in transit upon production to him of a valid and subsisting import certificate issued by a competent authority in the country to which it is proposed to divert the drug, or if that country is not a party to the Convention upon such evidence as may satisfy him that the drug is to be sent in a lawful manner and for a proper purpose.
(3)
A diversion certificate shall be issued in duplicate: one copy thereof shall accompany the drug when it is removed from Malaysia;
another copy shall be despatched by or on behalf of the Minister direct to the proper authority in the country to which the consignment has been diverted.
(4)
Upon the issue of a diversion certificate the export authorization or diversion certificate (if any) accompanying the drug on its arrival in Malaysia shall be detained by the Minister or by such officer as the Minister may appoint to perform such duties and returned to the authority issuing such authorization or diversion certificate together with a notification of the name of the country to which such drug has been diverted.
(5)
Any person who contravenes this section shall be guilty of an offence against this Act, and shall be liable on conviction to a fine not exceeding *twenty thousand ringgit or to imprisonment for a term not exceeding *five years or to both.