THIRUVANANTHAPURAM: In a setback to Antony Raju, former Minister and MLA of Kerala's ruling LDF, the Supreme Court on Wednesday reinstated criminal proceedings against him in a decades-old evidence tampering case.
Raju, who was a junior lawyer at the time, is accused of tampering with material evidence in a drug seizure case from 1990. He has been directed to appear before the trial court on 20 December.
The Kerala High Court had earlier quashed the criminal case but allowed fresh proceedings to be initiated. The Supreme Court, however, noted that the High Court erred in holding that the proceedings against Raju were barred.
“The High Court was not in error in ordering that an investigation be initiated against him,” observed the apex court.
The Supreme Court restored the order of the Chief Judicial Magistrate that took cognisance of the chargesheet against Raju. Taking into account the fact that the alleged offence dates back more than two decades, the Court directed that the trial be concluded within one year.
The case originates from a 1990 drug seizure involving an Australian national who was found in possession of drugs hidden in the pocket of his underwear.
At the time, Raju was working as a junior lawyer for the defence counsel. The underwear, a key piece of evidence, was seized and later returned to the accused following a court order permitting the release of his personal belongings.
The sessions court subsequently convicted the Australian under the Narcotic Drugs and Psychotropic Substances Act. However, on appeal, the Kerala High Court acquitted him because the underwear did not fit him, casting doubt on the integrity of the evidence.
The High Court, while acquitting the accused, directed a Vigilance probe into potential evidence tampering. Following this inquiry, an FIR was registered in 1994, naming Raju and a court staff member as accused. A final report was filed the same year.
Despite this, the trial faced significant delays and remained unresolved for decades. In 2022, Raju approached the High Court after media reports highlighted the case's prolonged pendency.
The Supreme Court's ruling now reopens the criminal proceedings, bringing renewed focus to a case that has spanned over 30 years.