Elvish Yadav gets clean chit in snake venom case
What's the story
The Supreme Court of India has quashed the criminal proceedings against YouTuber and Bigg Boss OTT 2 winner Elvish Yadav. The proceedings were related to the alleged use of snake venom at a rave party in Noida, Uttar Pradesh, in November 2023. The court held that the FIR could not be sustained on certain limited legal issues.
Legal basis
Court focuses on 2 specific questions
A bench comprising Justice N Kotiswar Singh and Justice MM Sundresh focused on two specific questions. These pertained to 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 court observed that the alleged psychotropic substance recovered from a co-accused was not included in the NDPS Act's schedule.
Evidence scrutiny
No recovery made from Yadav: Bench
The bench further noted that no recovery was made from Yadav himself, with the charge sheet merely alleging that he had placed orders through an associate. On the Wildlife (Protection) Act, it emphasized that Section 55 requires prosecution to be initiated through a complaint filed by a duly authorized officer.
Case background
Offenses under IPC not separately made out
The bench also observed that offences under the Indian Penal Code (IPC) were not independently made out, as they stemmed from an earlier complaint that had already been closed. On these grounds, the court held that the FIR could not withstand legal scrutiny and ordered the proceedings to be quashed. It also granted liberty to initiate fresh proceedings in accordance with the law, if required.
Court's concern
Earlier, the court had pulled up Yadav over allegations
Earlier in February, the Supreme Court had criticized Yadav over the allegations. As per PTI, it had said, "If popular persons are allowed to use voiceless victims like snakes, it could send a very bad message to society." "You take the snake and play around. Did you deal with the snake or not?" The court also questioned his counsel: "Can you go to the zoo and play with animals there? Will it not be an offense?"