Mahkamah merujuk kepada kes Mahkamah Rayuan Romi Amora Bin Amir v Public Prosecutor [2011] 4MLJ 571 dimana diputuskan seperti berikut:- “[18] Making a statement that the appellant had possession of P9, just because it was under the driver seat and that he was the sole driver of the taxi, was a bare statement without more. Unless knowledge is proved, an item however close to a person, could just be milesaway. The same argument applies pertaining to the handing over of the vehicle to the appellant by PW3 prior to the arrest. Handing over does not carry with it the knowledge of the complete items that goes with the vehicle especially the hidden ones. The last finding that P9 could be seen from the outside by the naked eye was confusing, as we were unsure whether the learned judge meant to say of the package, which was the content of the plastic bag, or the drugs. Having perused the grounds of judgment In its entirety, together with the notes of proceedings, we found nothing to indicate that the cannabis could be seen by the naked eye. This has to be about the only conclusion we could arrive at as PW5 had clearly stated that the cannabis could not be seen or known to be cannabis by a man on the street. His testimony reads as follows: Setuju eksh P9 berbalut plastik dan kertas timah. Ia dibalut dengan selotape kuning. Setuju tak boleh nampak dari luar. Setuju jika orang biasa melihat ketulan dan daun mampat itu, dia tidak tahu ianya adalah cannabis. [19] With the benefit of the doubt given to the appellant it must mean that only the package could be seen. With the finding of knowledge being founded on direct evidence, and no evidence of the appellant knowing of the presence drugs having been established conclusively, (and in fact the reverse held true), we were satisfied that the prosecution had failed to establish the ingredient of possession. In Warner v Metropolitan Police Commissioner [1968] 2 All ER 356, Their Lordships had remarked: If there is some momentary custody of a thing without any knowledge or means of knowledge of what the thing is or contains then, ordinarily, I would suppose thatthere would not be possession.”