The Supreme Court has ruled in favor of YouTuber and reality show winner Elvish Yadav, quashing criminal proceedings related to the procurement and use of snake venom at rave parties in Noida and the NCR. The Court found the application of provisions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Wildlife (Protection) Act to be legally unsustainable. This decision came after a special leave petition filed by Elvish Yadav was accepted by a Bench of Justices M.M. Sundresh and N. Kotiswar Singh.
The case stemmed from an FIR filed in November 2023 at the Sector 49 police station in Noida, following a complaint by the animal rights organization People for Animals (PFA) regarding the alleged use of snake venom at rave parties in the National Capital Region (NCR). The Supreme Court clarified that its assessment was limited to specific legal issues and did not delve into the factual allegations.
The Court focused on two key issues: the relevance of Section 2(23) of the NDPS Act and the validity of proceedings under Section 55 of the Wildlife (Protection) Act. It concluded that the substance reportedly seized from a co-accused did not fall under the category of psychotropic substances outlined in the NDPS Act. Additionally, it highlighted that no incriminating evidence was found on Elvish Yadav himself, with accusations limited to placing orders through an associate.
Regarding the Wildlife (Protection) Act, the Court scrutinized the necessity under Section 55 for prosecution to be initiated based on a complaint from an authorized officer. It noted that the complaint in this case was lodged by an individual associated with an animal welfare group, rather than a competent authority as required by the statute. Consequently, the Court deemed the FIR, in its current state, legally unsustainable.
While the Supreme Court emphasized that it was not absolving Yadav of any wrongdoing and had not assessed the merits of the allegations, it granted permission for the competent authority to initiate lawful proceedings, including by filing a proper complaint under Section 55 of the Wildlife (Protection) Act. Previously, the Court had halted the trial court proceedings against Yadav and issued a notice on his SLP challenging the Allahabad High Court’s decision not to dismiss the case at the pre-trial stage.
