Evidence Tampering Case: Kerala Court Suspends Sentence of Former MLA Antony Raju
Sangeetha Prathap
The District and Sessions Court, Thiruvananthapuram has suspended the sentence imposed on former MLA Antony Raju in an evidence tampering case. The order was passed by Smt. Nazeera S, who stayed the execution of the sentence while considering the appeal filed against the judgment of the Judicial First Class Magistrate–I, Nedumangad.
Antony Raju, who was arrayed as the second accused in the case, had been convicted in connection with an evidence tampering incident dating back to 1990, when he was practising as a junior lawyer in a narcotic drugs case involving an Australian national, Andrew Salvatore. The present appeal challenges the verdict which sentenced him to three years of simple imprisonment and imposed a fine of ₹10,000. The conviction had also resulted in his disqualification as a Member of the Legislative Assembly.
According to the prosecution, the incident arose from the arrest of Salvatore, an Australian citizen, who was intercepted at the Thiruvananthapuram Airport in April 1990 while travelling to Mumbai. During frisking, narcotic substances were allegedly found concealed in a pocket of his underwear. The personal belongings seized from Salvatore, including the underwear and other articles, were produced before the court of the Judicial Magistrate, Thiruvananthapuram and kept in safe custody.
It was alleged that these articles were later released to Antony Raju, who was appearing as a junior counsel in the case, through the court clerk. The underwear was subsequently returned to the Magistrate Court’s safe custody. Salvatore was later found guilty and sentenced to ten years’ imprisonment under the Narcotic Drugs and Psychotropic Substances Act. However, it later emerged that the underwear allegedly returned by Antony Raju did not fit Salvatore. This discrepancy led the Kerala High Court to acquit Salvatore in February 1991, though the Court expressed suspicion regarding possible planting of evidence.
Following this, a vigilance enquiry was conducted, which resulted in the registration of an FIR in 1994 against the court clerk and Antony Raju, accusing them of having conspired together with the intention and preparation to cause disappearance of evidence. Although the jurisdictional Magistrate took cognisance of the charge sheet alleging offences including criminal conspiracy in 2006, the Kerala High Court, in 2023, quashed the criminal proceedings on the ground that they were barred under Section 195(1)(b) of the Code of Criminal Procedure. The High Court, however, directed that a de novo investigation be initiated in accordance with law.
In 2024, the Supreme Court restored the criminal proceedings which had been earlier quashed by the Kerala High Court. Subsequently, in 2026, the Judicial First Class Magistrate–I, Nedumangad, found Antony Raju guilty of offences under Section 120B, Section 201, Section 193 and Section 465 read with Section 34 of the Indian Penal Code. Pending consideration of the appeal against the said conviction, the District and Sessions Court has now ordered suspension of the sentence.
Cause Title: Antony Raju v The State of Kerala
Case No: Crl.A/10/2026
Coram: Smt. Nazeera S
