Oleh yang demikian, Timbalan Pendakwa Raya yang terpelajar menghujahkan bahawa berdasarkan keterangan saksi-saksi pendakwaan, jelas menunjukkan bahawa Perayu mempunyai kuasa untuk melupuskan (power of disposal) atau kuasa untuk berurusan (power to deal) terhadap barang kes beg-beg tersebut serta isi kandungannya. Ini kerana, tindakan Perayu membawa masuk kedua-dua beg tersebut ke dalam bilik tidur pertama iaitu ke dalam bilik tidurnya yang merupakan ruang privasi Perayu menunjukkan kawalan fizikal Perayu terhadap barang kes tersebut. Pihak Pendakwaan telah merujuk kepada keputusan Mahkamah Persekutuan di dalam kes Ghasem Hozouri Hassan v. PP [2018] 6 CLJ 133 yang membincangkan isu milikan dadah dan menyatakan bahawa milikan tidak perlu eksklusif dan boleh melibatkan lebih daripada satu individu seperti berikut: “... [27] Based on the pronouncement of this Court in Denis Mahadevan as reproduced above, possession need not be exclusive to the accused. Two or more persons may be in joint possession of chattels, whether innocent or contraband. The exclusive element of possession means that the possessor or possessors have the power to exclude other persons from enjoyment of the property. Custody likewise may be sole or joint and it has the same element of excluding others. The main distinction between custody and possession is that a custodian has not the power of disposal. A moveable thing is said to be in the possession of a person when he is so situated with respect to it that he has the power to deal with it as owner to the exclusion of all other persons, and when the circumstances are such that he may be presumed to intend to do so in case of need. [Emphasis added] [28] Similarly, in the case of Siew Yoke Keong v. PP [2013] 4 CLJ 149; [2013] 4 MLRA 99 the issue pertaining to the failure by the prosecution to prove exclusive possession of the proscribed drugs was again an issue. In that case learned counsel for the accused capitalised on the fact that some ladies' clothing were found in the first house where part of the drugs were found. He therefore contended that others like the accused's wife had access to the first house in which the proscribed drugs were found. Learned counsel contended that the prosecution should have called her to exclude her as having access to the house and that the failure by the prosecution to do so resulted in its failure to prove exclusive possession or occupation of the first house by the accused resulting in the failure to prove exclusive possession of the proscribed drugs by the accused... [30] In Siew Yoke Keong this Court held that the presence of the ladies clothing (two female upper garments and two pairs of female jeans) along with male clothing in the third room of the first house did not mean that no possession was established against the accused. The crucial question was whether accused was so situated with respect to the proscribed drugs found in the second and third rooms of the first house that he had the power to deal with the drugs as owner to the exclusion of all other persons, and when the circumstances were such that he may be presumed to intend to do so in case of need. [31] Thus, from the above, when we talk about the issue of custody and control what is crucial is that the accused must be so situated that he can deal with the proscribed drugs as if it belonged to him, and it must be shown that he had the intention of dealing with it as if it belonged to him should he see any occasion to do so (he had animus possidendi). The intention to deal with the drugs here refer to the element of knowledge..."