MLA Antony Raju Found Guilty In Evidence Tampering Case By Kerala Court

A Kerala Court has found MLA Antony Raju guilty of tampering with the material evidence in a drug case, while he was practicing as an Advocate.

Judicial First Class Magistrate -I Nedumangad delivered the judgment in the case where Antony Raju is arrayed as the second accused.

The case dates back to 1990 when Antony Raju was a junior lawyer in a narcotic drugs case involving an Australian national, Andrew Salvatore. He is accused of tampering with the material evidence in the drugs case.

Salvatore 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 and articles seized by the police from Salvatore were kept in the safe custody of the court of the Judicial Magistrate, Thiruvananthapuram.

Salvatore, a few months later, applied to the Magistrate court for the release of his personal belongings which was allowed. The Australian's personal effects were released to Antony Raju, who was the junior counsel, by the court clerk. The underwear, a material exhibit in the case, was also allegedly handed over to Antony Raju along with the other personal articles.

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 foreigner had subsequently appealed against his conviction in the Kerala High Court, where interestingly the underwear was subjected to a “practical test”. The underwear allegedly returned by Antony Raju did not fit Salvatore. It was not his size. 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. It was stated that Antony Raju has made “alterations” to ensure that the underwear did not fit Salvatore.

In 2006, the jurisdictional Magistrate took cognisance of the chargesheet alleging offences including criminal conspiracy filed against the duo. However, 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 nevertheless directed a de novo (fresh) investigation to be initiated following the correct procedure.

The Supreme Court in 2024 restored criminal proceedings which was earlier quashed by the Kerala High Court.

Case No: CC No. 811/ 2014

Case Title: T G Gopalakrishnan Nair and Ors. v Jose and Anr.