New Delhi/Lucknow, March 19 The Supreme Court on Thursday quashed an FIR against Elvish Yadav, who was arrested for allegedly using snake venom at a rave party in Noida, prompting the YouTuber to say he always had faith in the judicial system.
However, he asked who would compensate for the harassment he and his family faced.
Yadav was booked in November 2023 and arrested on March 17, 2024 by the Noida Police in connection with an investigation into the suspected use of snake venom as a recreational drug at a rave party in Noida. He was among six people named in an FIR lodged at Sector 49 police station on November 3, 2023.
The Supreme Court on Thursday quashed the FIR and subsequent proceedings against Yadav and said the case cannot be sustained in law.
A bench of Justices M M Sundresh and N Kotiswar Singh said it was confining its consideration to two specific questions – the applicability of Section 2(23) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and the validity of proceedings under Section 55 of the Wildlife (Protection) Act, 1972.
The top court, however, granted liberty to the competent authority to initiate appropriate proceedings in accordance with law by filing a proper complaint under Section 55 of the Wildlife Protection Act.
The case against Yadav was registered on November 22, 2023, and he was arrested on March 17, 2024.
The apex court said offences under the Indian Penal Code (IPC) invoked in the FIR against Yadav were based on an earlier FIR registered in Gurugram, in which a closure report has been filed.
The bench noted that no recovery had been made from Yadav himself, with the chargesheet only alleging that he placed orders for snake venom for recreational purposes through his friends, who are co-accused in the case.
It said provisions of the NDPS Act cannot be invoked as the liquid substance recovered from the co-accused was not a prescribed substance under the schedule.
On the invocation of the Wildlife Protection Act, the top court said Section 55 mandates that prosecution can be initiated only through a complaint filed by a duly authorised officer.
In the case in hand, it noted, the complainant was a former employee of the Wildlife Board of India and therefore not an authorised person under the Act to lodge a complaint.
The bench referred to the earlier decisions of the court and said the case against Yadav cannot be sustained in law. It quashed the FIR and subsequent proceedings, including the filing of the chargesheet and cognisance order of the trial court.
In a video posted on X, Yadav said he was "very happy from within" after the apex court dismissed the case.
"I am very happy today. The Supreme Court has quashed the snake-related case against me. I always had faith in our judicial system that justice would prevail. Those who have done wrong will be punished, and those who are innocent will be saved," he said.
Thanking the Supreme Court and the judiciary, Yadav said he was relieved after the case was quashed and described himself as "free".
Recalling his arrest, he said, "Exactly two years ago, on March 17, 2024, I was arrested in this false case. Since November 2023, when the case was registered, I have been saying that I had done nothing wrong."
He alleged that media coverage had caused distress to him and his family.
"The media ran continuous reports claiming I was guilty. My family faced immense harassment. For over two-and-a-half years, there was a stigma attached to my name and my family suffered greatly," he said.
Calling the verdict a major moment in his life, Yadav said, "Today is a big day for me. Everything is fine now as the case has been won. Satyamev Jayate (truth prevails)."
However, he raised questions over the impact of the alleged harassment.
"I have just one question – who will compensate for the harassment that my family and I faced? Will anyone apologise for the false narratives and the turmoil created?" he said.
He added that he was not seeking an apology but wondered how the time and suffering endured by his family could be compensated.
Yadav said he now wants to focus on staying happy and expressed gratitude to his supporters.
"I hope no one has to go through such a tough time. My comeback was strong because I had the support of my family and well-wishers. Thank you to everyone who stood by me and trusted me. The Supreme Court has proved it today," he said.