Kerala Court Suspends Sentence Of Former MLA Antony Raju In Evidence Tampering Case

Smt. Nazeera S, suspended the execution of sentence, while considering the appeal against the judgment of the Judicial First Class Magistrate -I Nedumangad.

Judicial First Class Magistrate -I Nedumangad, convicted Antony Raju, who is arrayed as the second accused in an evidence tampering case which dates back to 1990 when he was a junior lawyer in a narcotic drugs case involving an Australian national, Andrew Salvatore.

The present appeal is filed, challenging the verdict which had sentenced him to three years of simple imprisonment and imposed a fine of ₹10,000. The verdict had subsequently led to his disqualification as an MLA.

The facts that led to evidence tampering, according to the prosecution is as following. Salvatore, who is an Australian citizen was caught with narcotics hidden in a pocket of his underwear during frisking at the Thiruvananthapuram Airport while on his way to Mumbai in April 1990. The personal belongings including the underwear and other articles seized by the police from Salvatore which were kept in the safe custody of the court of the Judicial Magistrate, Thiruvananthapuram was later released to Antony Raju, who was the junior counsel by the court clerk.

The underwear was subsequently returned to the Magistrate court's safe custody. Salvatore was eventually found guilty and sentenced to 10 years' imprisonment on drugs charges under the Narcotic Drugs and Psychotropic Substances Act.

The underwear allegedly returned by Antony Raju did not fit Salvatore. This had led the High Court to acquit Salvatore in February 1991. However, the High Court had expressed suspicion about planting the evidence. A vigilance enquiry led to the registration of an FIR against the court clerk and Antony Raju in 1994 accusing them of having conspired together with the intention and preparation to cause the disappearance of evidence.

Even though the jurisdictional Magistrate took cognisance of the chargesheet alleging offences including criminal conspiracy against the duo in 2006, the Kerala High Court, in 2023, quashed the criminal proceedings on the grounds that it was hit by the bar under Section 195(1)(b) of the Code of Criminal Procedure. The High Court had directed a de novo (fresh) investigation to be initiated following the correct procedure.

In 2024, the Supreme Court restored criminal proceedings which was earlier quashed by the Kerala High Court.

In 2026, the Judicial First Class Magistrate - I, Nedumangad, found Antony Raju guilty of offences under Section 120 B(Punishment for Criminal Conspiracy), 201(Causing Disappearance of Evidence of Offence, or giving False Information to screen offender), 193(Punishment for False Evidence), and 465(Punishment for Forgery) read with section 34 of the Indian Penal Code.

Case Title: Antony Raju v The State of Kerala

Case No: Crl.A/10/2026