SC quashes Elvish Yadav FIR in Snake Venom case, says “No Clean Chit”, allows Fresh Wildlife Complaint

In a significant ruling on the limits of criminal prosecution, the Supreme Court has quashed the FIR and criminal proceedings against Elvish Yadav in the alleged snake venom and rave party case, holding that the charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 and Wildlife law were legally unsustainable. The order sends a strong signal on strict statutory compliance before invoking serious penal provisions.

The controversy stemmed from allegations that the YouTuber was involved in procuring snake venom for video shoots and participating in parties where intoxicants were allegedly used. The prosecution claimed that substances linked to the case fell within the scope of narcotics law, while also invoking provisions under wildlife protection statutes.

The defence, however, argued that no prohibited substance was recovered from the accused and that the alleged material did not fall within the notified list under the Narcotic Drugs and Psychotropic Substances Act, 1985. It was further contended that the wildlife-related proceedings were initiated on the basis of a complaint by a private individual, lacking the statutory authority required to trigger prosecution.

Examining the legal framework, the Court found that the invocation of the Narcotic Drugs and Psychotropic Substances Act, 1985 was untenable as the substance in question was not part of the notified schedule and no recovery was made from the accused. On the wildlife law aspect, it held that proceedings under the Wildlife (Protection) Act, 1972 were vitiated since the complaint was not filed by a competent authority as mandated by statute.

Casting doubt on the very initiation of proceedings, the Bench remarked, “We are not going to give a clean chit to this person. If he has committed something it has to be done.” Consequently, the FIR and all proceedings were quashed, while granting liberty to the appropriate authority to initiate action in accordance with law.