Supreme Court: In petitions filed against the Kerala High Court’s order, quashing the criminal case against Kerala MLA and former Minister Antony Raju against, who is accused of tampering with underwear evidence in a drugs case from 1990, which he handled as a junior lawyer, a division bench of CT Ravikumar and Sanjay Karol, JJ. restored the criminal proceedings.
Background:
The case dates back to 1990, involving a drug seizure from an Australian national who was found in possession of ‘charas’ concealed in the pocket of his underwear. At the time, Antony Raju was a junior to the lawyer representing the Australian accused. The underwear was seized as a material object in the case, and later, the court allowed the return of the personal belongings of the accused, including the underwear. Raju collected the underwear and subsequently returned it to the court.
The Sessions Court convicted the Australian accused under the Narcotic Drugs and Psychotropic Substances Act. However, on appeal, the Kerala High Court acquitted him, noting that the underwear did not fit the accused. Despite the acquittal, the High Court observed the possibility of evidence tampering and ordered a vigilance inquiry. Following the inquiry, an FIR was registered in 1994, and a final report was filed the same year, naming Antony Raju and a court staff member as accused of offences under Sections 120B, 420, 201, 193, and 217 of the Penal Code, 1860.
The trial in the case remained pending for many years, and in 2022, media reports highlighted the delay. This prompted Antony Raju to approach the High Court seeking a resolution.
Court’ s Order:
The Bench held that the Kerala High Court erred in holding that the criminal proceedings were barred due to Section 195(1)(b) of the Code of Criminal Procedure, 1973. It also held that the Kerala High Court was not in error in ordering that de novo investigation be initiated against Antony Raju.
The Court restored the Chief Judicial Magistrate’s order taking cognizance of the chargesheet against Antony Raju. Noting that the alleged offence dates back over two decades, the Court directed that the trial be completed within one year and ordered Antony Raju to appear before the Trial Court on 20-12-2024.
Source: Press
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