Dalam isu ini, Mahkamah ini merujuk kepada penghakiman Mahkamah Rayuan terdahulu dalam kes Mat Seyedalireza Seyedhedayatollah Ehteshamiardestani v. PP [2014] 6 MLJ 408, di mana Tengku Maimun Tuan Mat, HMR (pada ketika itu) yang menyampaikan keputusan beliau telah memutuskan sebagaimana berikut: S/N 3/8r2ieRxUaydCy6EPtzVA “[21] In our view, the approach of not electing or making a finding on which presumption that was invoked but by merely relying on the alternative, is most undesirable. It reflects the uncertainty on the part of the trial judge to make a finding. The trial judge ought to make the necessary finding, ie whether it was actual or presumed possession and whether it was presumed or actual trafficking based on the evidence before her. We are further of the view that it is important that such a finding be made as it impacts the burden placed on the defence. … [23] In the instant case, it is our judgment that the failure of the learned trial judge to make a finding as to which presumption was relied upon for possession and trafficking and the failure to consider whether the appellant had rebutted the presumption, amounts to a misdirection by way of non-direction which has prejudiced the appellant. [24] Having found that there are merits in the grounds raised by learned counsel, we unanimously allowed the appeal. The conviction and sentence of the High Court was set aside. The appellant was acquitted and discharged.” S/N 3/8r2ieRxUaydCy6EPtzVA