Snake venom not covered under NDPS Act: Supreme Court quashes case against Elvish Yadav

The Supreme Court on Thursday quashed criminal proceedings against YouTuber Elvish Yadav in a case alleging the use of snake venom at rave parties, ruling that such use does not attract provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The Court also set aside proceedings under the Wildlife (Protection) Act on procedural grounds, holding that only an authorised authority can file a complaint under the law. However, it granted liberty to the competent authority to initiate fresh action under the Wildlife Act in accordance with the law.

Advertisement

A Bench of Justice MM Sundresh and Justice N Kotiswar Singh passed the order on Yadav’s plea challenging the Allahabad High Court’s order declining to quash the proceedings under both statutes. The case stemmed from allegations that he organised parties involving foreigners where snake venom was used as a recreational substance.

The Court held that even if the allegations were accepted, no offence under the NDPS Act was made out because snake venom is not listed as a psychotropic substance under the Act’s schedule. It noted that materials recovered from the co-accused did not fall within the statutory definition required to invoke the NDPS provisions.

On the Wildlife (Protection) Act, the Bench observed that Section 55 mandates that complaints must be filed by an authorised officer. Since this requirement was not met, the proceedings were invalid.

At the same time, the Court clarified that it had not examined the factual merits of the allegations and allowed the competent authority to file a proper complaint under the Wildlife Act if warranted.

The ruling came after the Allahabad High Court had earlier refused to quash the case, prompting Yadav to approach the apex court.