Tezzbuzz Desk- YouTuber Elvish Yadav has got a big relief from the Supreme Court. The court quashed the criminal proceedings registered against him on charges of using snake venom in video shoots and attending rave parties involving drug consumption. The court said that the FIR registered on the basis of limited legal issues was not valid under the law.
The bench of Justices MM Sundaresh and N Kotishwar Singh considered only two specific issues. Applicability of Section 2(23) of the NDPS Act 1985 Validity of proceedings under Section 55 of the Wildlife (Protection) Act, 1972.
The court noted that in the case to NDPS, no psychotropic substance was recovered from Elvish Yadav. The only allegation in the charge sheet was that he gave orders through one of his associates. Senior advocate Mukta Gupta argued that the substance in question was not included in the schedule of the NDPS Act.
According to Section 55, a case can be initiated only on the complaint of a competent authority. The FIR was filed by a person named Gaurav Gupta, who ‘Was associated with People for Animals (PFA). The Court found that the FIR was not filed by any competent authority and hence was not legally maintainable.
The court also said that there is doubt about the good faith of the complainant. The FIR was part of an earlier closed complaint, hence it could not have been an independent offence. The court clarified that it did not take any decision on the merits of the original allegations.
The Supreme Court quashed the FIR against Elvish Yadav, giving him legal relief. Although the court did not investigate the actual allegations, the decision is considered a significant breakthrough in his favor.
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