Today, On 19th March, The Supreme Court of India set aside the FIR and all subsequent proceedings against YouTuber Elvish Yadav in the 2023 snake venom case filed under the Wildlife Protection Act by the Uttar Pradesh Police.
The Supreme Court set aside the FIR and all subsequent proceedings against YouTuber Elvish Yadav under the Wildlife Protection Act in the 2023 snake venom case registered by the Uttar Pradesh Police.
A bench of Justices M. M. Sundresh and N. Kotiswar Singh held that the case was legally untenable because the complaint under the Wildlife Act was not filed by an authorised person.
The bench noted that the Indian Penal Code offences listed in the FIR were based on an earlier Gurugram FIR, for which a closure report has been submitted.
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It also observed that provisions of the Narcotic Drugs and Psychotropic Substances Act invoked in the FIR could not apply because the liquid seized from the co-accused was not a scheduled substance.
Relying on earlier rulings, the court concluded the prosecution against Yadav could not be maintained, quashing the FIR and all downstream actions, including the chargesheet and the trial court’s order taking cognisance.
The controversial YouTuber had challenged an Allahabad High Court decision that refused to quash the chargesheet and the trial court’s cognisance order, with the high court describing the matter as a serious offence.
Earlier, On August 6 last year, the apex court had stayed the trial court proceedings against Yadav.
The chargesheet alleged that snake venom was used as a recreational drug at “rave” parties attended by people, including foreigners.
Yadav’s counsel had argued in the high court that no snakes, narcotics or psychotropic substances were recovered from him and that no causal link was shown between him and the co-accused.
The counsel also pointed out that, although the informant was no longer an animal welfare officer, he filed the FIR claiming to be one.
Calling Yadav a “well-known influencer” who appears in multiple reality television shows, the counsel added that his alleged involvement had attracted “much media attention”.
This case originated from an FIR lodged at the Sector-49 Police Station in Noida, accusing Yadav and others of violating provisions of the Wildlife Protection Act, IPC, and the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Yadav is charged under Sections 284, 120-B, and 289 of the IPC; Sections 8, 22, 29, 30, and 32 of the NDPS Act, 1985; and Sections 9, 39, 48A, 49, 50, and 51 of the Wildlife (Protection) Act, 1972.
The case was initiated based on a complaint by Gaurav Gupta, a member of the NGO People for Animals. Gupta allegedly engaged in a sting operation, contacting Yadav through a provided number, and subsequently linked Yadav to five others who were arrested. Those interrogated reportedly informed the police that they were supplying snake venom for rave parties supposedly organized by Yadav.
Yadav, who was arrested on March 17, 2024, faces charges under the Wildlife (Protection) Act, Indian Penal Code (IPC), and the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was released on bail after 14 days in custody.
Earlier, the Supreme Court had granted interim relief to Elvish Yadav by staying the trial court proceedings related to the case. The court also issued notice to the Uttar Pradesh government on Yadav’s plea, which challenges the FIR, chargesheet, and summoning order issued by the lower court.
Case Title: Elvish Yadav @ Siddharth v. State of UP and Anr.
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