A criminal prosecution that travelled across decades, courts and continents has culminated in a conviction. On Saturday, the Nedumangadu Judicial First Class Magistrate Court I found Antony Raju, MLA and former Kerala Transport Minister, guilty in the infamous underwear evidence tampering case connected to a 1990 narcotics prosecution.
The trial court held that Antony Raju committed offences punishable under Sections 120B, 193, 201, 409 and 34 of the Indian Penal Code, establishing criminal conspiracy, fabrication and disappearance of evidence, breach of trust and acts done in furtherance of common intention.
Court clerk K J Jose was also convicted under the same provisions. The question of sentence has been posted for separate hearing.
Background of the Prosecution
The case traces its origin to April 1990, when an Australian national, Andrew Salvatore Cervelli, was arrested at Thiruvananthapuram airport for allegedly smuggling 61.5 grams of charas concealed in his underwear.
Antony Raju, then a young practising advocate, represented the accused before the trial court. Cervelli was convicted and sentenced to ten years of rigorous imprisonment.
During appellate proceedings before the Kerala High Court, the prosecution case suffered a serious blow. The underwear produced as a material object was found to be disproportionately small and incapable of fitting the accused.
This discrepancy led to Cervelli’s acquittal and raised grave suspicion about the sanctity of court records.
Allegations of Evidence Tampering
Years later, information originating from the Australian National Central Bureau indicated that the material evidence had been tampered with while in court custody.
Acting on this intelligence, the investigating officer approached the High Court, which resulted in the registration of a criminal complaint in 1994 against Antony Raju and court clerk K J Jose.
After prolonged investigation, a charge sheet was filed in 2006. Though the High Court initially quashed the proceedings on technical grounds relating to Section 195(1)(b) of the Code of Criminal Procedure, it clarified that fresh prosecution was permissible and directed its Registry to initiate proceedings afresh.
Raju’s challenge to the revival of the case was rejected by the Supreme Court of India in November 2024, restoring the criminal trial and clearing the path for adjudication on merits.
Findings of the Trial Court
After appreciation of oral and documentary evidence, the magistrate court concluded that Antony Raju and K J Jose acted in concert to remove and replace the original underwear from court custody, thereby undermining the administration of justice.
The court recorded that such conduct strikes at the very root of criminal adjudication and cannot be viewed lightly, irrespective of the subsequent political stature of the accused.
Political Profile
Antony Raju is a senior leader of the Janadhipathya Kerala Congress, a constituent of the Left Democratic Front.
He served as Kerala’s Transport Minister until a cabinet reshuffle in 2023 and currently represents the Thiruvananthapuram constituency in the Legislative Assembly.
With the conviction now recorded, the court is expected to pronounce sentence separately after hearing the accused on quantum of punishment.
The verdict brings closure to one of Kerala’s longest running criminal trials and reinforces judicial scrutiny over the handling of material evidence.
Party Details
- Convicted MLA: Antony Raju
- Political Party: Janadhipathya Kerala Congress
- Coalition: Left Democratic Front
Court and Bench Details
- Court: Nedumangadu Judicial First Class Magistrate Court I
- Presiding Court: Judicial First Class Magistrate I, Nedumangadu
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