Snake venom case: SC quashes FIR, proceedings against YouTuber Elvish Yadav
New Delhi (PTI): The Supreme Court on Thursday quashed an FIR and subsequent proceedings against YouTuber Elvish Yadav under the Wildlife (Protection) Act in the snake venom case registered by Uttar Pradesh Police in 2023.
A bench of Justices M M Sundresh and N Kotiswar Singh said the case cannot be sustained in law as the complaint under the Wildlife (Protection) Act was not filed by an authorised person.
It said that 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.
Referring to the provisions of the Narcotics and Psychotropic Substance Act (NDPS) Act invoked in the FIR against Yadav, the bench said these cannot be invoked as the liquid substance (anti-venom) recovered from the co-accused was not a prescribed substance under the schedule.
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It referred to the earlier decisions of the court and said that the case against Yadav cannot be sustained in law, quashing the FIR and subsequent proceedings, including filing of the chargesheet and cognisance order of the trial court.
The case against Yadav was registered on November 22, 2023, and he was arrested on March 17, 2024, for the alleged use of snake venom at a rave party in Noida, Uttar Pradesh.
The controversial YouTuber challenged an Allahabad High Court order refusing to quash the chargesheet and the cognisance order of the trial court, terming it a serious offence.
On August 6 last year, the apex court stayed proceedings in the trial court against Yadav in the case.
The chargesheet alleged the consumption of snake venom as a recreational drug at "rave" parties 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 no causal link was established between the applicant and the co-accused.
Though the informant was no longer an animal welfare officer, he filed the FIR showing himself to be one, the counsel had added.
Calling Yadav a "well-known influencer" and someone who appears in multiple reality shows on television, the counsel had said his involvement in the FIR garnered "much media attention".
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
