This Criminal Appeal is directed against the judgment dated 19.3.2009 of Additional District and Sessions Court (Adhoc) II, Kollam (for short 'the court below') in S.C.No.699/2008. The first and sixth accused in the said case are before this Court in the captioned appeal seeking reversal of the aforesaid judgment. Altogether nine accused were involved in the said case. The court below after an extensive trial and hearing of the arguments advanced by the prosecution and the defence found accused Nos.1 and 6 guilty for the offence under Section 8(1) of the Abkari Act (for short 'the Act') and convicted and sentenced each of them to undergo rigorous imprisonment for a term of three years and to pay a fine of Rs.3,00,000/- under Section 8(2) of the Act. Accused Nos.2 to 5 and 9 have been found not guilty for the offence under Section 8(1) of the Act and accordingly acquitted under Section 235(1) Cr.P.C. Aggrieved by the judgment as aforesaid, the convicted accused are before this Court in the captioned appeal seeking to set aside the same. Parties to this appeal are hereinafter referred to as 'the accused' and 'the complainant' for the sake of convenience.

2. The case of the prosecution in brief is as follows:- The Sub Inspector of Police, East Police Station, Kollam while holding charge of the station received an information regarding the storage of spirit in House No.78 of Surabhi Nagar. A memorandum of search was prepared and forwarded to the court. Thereafter, himself along with his fellow Policemen and a woman Police Constable proceeded to the place where the house was situated. They reached the house at 22.15 hours. The front door of the house was kept closed, but lights were put on both inside and outside the house. Some Policemen were deployed to guard the front door. The Sub Inspector of Police proceeded to the rear side of the house. Through the door at the backside of the house which was kept opened, three persons rushed out and ran away. The Sub Inspector along with fellow Policemen entered into the house through the back door. In the central room of the house, accused No.1 was found pouring the liquid contained in a white can to three small white cans and a small black can held by accused Nos.2 to 5. The sixth accused, a lady was found standing inside the room. On enquiry, it was revealed to them that the sixth accused was the occupant of the house. Accused Nos.1 to 6 were arrested from the spot. The liquor in the cans was identified as spirit. The cans found there were seized. The large white can was found to have a capacity of 35 litres and contained 18 litres of spirit. The three small white cans were found to contain a total quantity of 12.750 litres of spirit and the small black can, four litres of spirit. 250 ml. of spirit was taken as sample from the large can of 35 litre capacity and 200 ml. each were taken from the other four cans as samples. The samples so taken and the residue were seized after affixing seals thereon. A large red bucket with water and a plastic mug, which was used to transfer spirit from the big can to the small cans, were also seized. The bucket was also seized after emptying the same. The accused were arrested. A search list was prepared from the spot. The contraband liquor, samples and other articles seized from the spot along with the accused were produced before the Police Station. Crime No.766/2001 was registered. On questioning, the first accused disclosed that 22 cans containing spirit were buried in the compound of Idayila veedu bearing House No.78, situated at Surabhi Nagar. Based on the information thus obtained, the Circle Inspector of Police along with accused No.1 proceeded to the said house. There, the Circle Inspector of Police dug the earth and 22 cans having 35 litres capacity each containing spirit were found. Those cans were seized and numbered with alphabets 'A to V'. 200 ml. of liquor was taken as sample from each can. The samples were numbered with small alph