'Undersized' Underwear: SC Restores Criminal Proceedings Against Kerala MLA For Evidence Tampering In Drugs Case

The Australian whose underwear was produced as evidence in drug smuggling case was found to be undersized, based on which the High Court exonerated him.

New Delhi:The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA Antony Raju in connection with the alleged tampering with evidence during a drug case he handled as a junior lawyer in 1990.

The verdict was delivered by a bench comprising justices C. T. Ravikumar and Sanjay Karol. The bench said the Kerala High Court committed an error in holding that the criminal proceedings were barred due to Section 195(1)(b) of the Code of Criminal Proceeding. The bench said that the high court was not in error in ordering that a de novo investigation can be initiated against Raju.

“The order taking cognisance, in all other proceedings pursuant to the same are restored to the files of judicial first class magistrate concerned, the proceedings in the case emanate from nearly two decades ago. Therefore, in the interest of justice, we deem it appropriate to direct the trial court to conclude the trial within the period of one year from today. The accused shall appear before the trial court on December 20, 2024, or on the next working day of the court concerned”, said Justice Karol, pronouncing the judgement on behalf of the bench.

Raju belonged to Janadhipatya Kerala Congress, a constituent of the ruling LDF. He was a minister till December last year. The detailed judgement in the case will be uploaded later in the day.

The case against Antony Raju is that he had allegedly tampered the evidence to help an Australian citizen in a drug case. The police arrested the Australian on April 4, 1990 at Thiruvananthapuram airport, as he tried to smuggle drugs hiding it inside his underwear. The sessions court had sentenced the accused in connection with the case. But an appeal was filed before the high court and he was exonerated by the high court as it was found that the evidence, the underwear, produced before the court was undersized.

The bench said: "the alleged forgery of evidence in a criminal investigation has resulted in an acquittal in the NDPS case and, thereafter, an FIR has been registered, in the circumstance referred to hereinbefore. But then, the interference by the High Court in quashing the criminal proceedings was unwarranted."

The bench said the alleged act is a glaring occurrence where the process of criminal prosecution stands interfered with, impugning upon the sanctity of judicial proceedings, resulting in a travesty of justice.

"Such actions not only erode public trust in the judicial system but compromise the principles of the rule of law and fairness, which are essential for the justice delivery system," said the bench.

The bench said the initiation of the present proceedings in the present case, was from the judgment and order dated February 5, 1991, of the Kerala High Court, in acquitting Andrew Salvatore directing the matter of planting of the exhibit be positively looked into.

"This was followed by an investigation by the vigilance officer of the Court. Therefore, in the impugned order, the High Court has erroneously observed that there is no judicial order concerning the present proceedings," said the bench.

The bench said such incidents strike at the foundation of the independence and integrity of the judicial process, hence, it cannot be said that there is a lack of public interest herein.

"In the peculiar circumstances obtained in this case where the accused allegedly received a material object in question, from the judicial custody, despite there being no specific order for release thereof, and subsequently tinkered/ assisted in tinkering with the same and thereafter substituted it for the original," said the bench.

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