New Delhi: The Supreme Court of India on Thursday quashed criminal proceedings against YouTuber and reality show winner Elvish Yadav. The case was related to the purchase and use of snake venom at rave parties in Noida and the National Capital Region (NCR). The court stated that the charges under the NDPS Act and the Wildlife Protection Act were legally unsustainable.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh, while granting Elvish Yadav’s special leave petition (SLP), set aside the Allahabad High Court’s order refusing to quash the case.
Legal flaws found in the case
The case relates to an FIR lodged at Noida’s Sector 49 police station in November 2023, based on a complaint by the animal rights organization People for Animals (PFA).
The Supreme Court clarified that it considered only the legal aspects and not the veracity of the allegations. The Court addressed two key issues—the applicability of Section 2(23) of the NDPS Act and the validity of proceedings under Section 55 of the Wildlife Protection Act.
The Court found that the substance recovered from the co-accused does not fall under the list of psychotropic substances under the NDPS Act.
The Court also noted that no seizures were made from Elvish Yadav and that the charges against him were limited to placing orders through an associate.
Questions on the Wildlife Act
The Court also questioned the proceedings under the Wildlife Protection Act. According to Section 55, a complaint can only be filed by an authorized officer.
The Court found that the complaint in this case was filed by a person associated with an animal welfare organization rather than by an authorized officer, which is not legally tenable.
However, the Supreme Court also clarified that this is not a clean chit to Elvish Yadav and no decision has been given on the merits of the charges.
The court has permitted the competent authority to resume proceedings in accordance with the law, whereby a complaint can be properly filed under Section 55.
Earlier, the Supreme Court had stayed the trial court proceedings while hearing Elvish Yadav’s petition.
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