‘Snake venom’ case: SC quashes FIR and proceedings against Elvish Yadav

New Delhi: The Supreme Court on Thursday quashed an FIR and subsequent proceedings against YouTuber Elvish Yadav, who was arrested for allegedly using snake venom at a rave party in Noida, Uttar Pradesh, in 2023, and said the case cannot be sustained in law.

A bench of Justices M M Sundresh and N Kotiswar Singh said it was confining its consideration to two specific questions -- the applicability of Section 2(23) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the validity of proceedings under Section 55 of the Wildlife (Protection) Act, 1972.

The top court, however, granted liberty to the competent authority to initiate appropriate proceedings in accordance with law by filing a proper complaint under Section 55 of the Wildlife Protection Act.

The case against Yadav was registered on November 22, 2023, and he was arrested on March 17, 2024.

The apex court said offences under the Indian Penal Code (IPC) invoked in the FIR against Yadav were based on an earlier FIR registered in Gurugram, in which a closure report has been filed.

The bench noted that no recovery had been made from Yadav himself, with the chargesheet only alleging that he placed orders for snake venom for recreational purposes through his friends, who are co-accused in the case.

It said provisions of the NDPS Act cannot be invoked as the liquid substance recovered from the co-accused was not a prescribed substance under the schedule.

On the invocation of the Wildlife Protection Act, the top court said Section 55 mandates that prosecution can be initiated only through a complaint filed by a duly authorised officer.

In the case in hand, it noted, the complainant was a former employee of Wildlife Board of India and therefore not an authorised person under the Act to lodge a complaint.

The bench referred to the earlier decisions of the court and said the case against Yadav cannot be sustained in law. It quashed the FIR and subsequent proceedings, including filing of the chargesheet and cognisance order of the trial court.

The controversial YouTuber had challenged an Allahabad High Court order refusing to quash the chargesheet and the cognisance order of the trial court terming it a serious offence.

Yadav expressed happiness over the verdict, saying he always had faith in the judiciary. However, he asked who would compensate for the harassment he and his family faced.

Yadav said he was relieved after the case was quashed and described himself as “free”.

“The media ran continuous reports claiming I was guilty. My family faced immense harassment. For over two-and-a-half years, there was a stigma attached to my name and my family suffered greatly,” he said.