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Supreme Court Quashes Elvish Yadav Snake-Venom Case on Narrow Legal Grounds

The bench held NDPS provisions inapplicable and found the wildlife complaint invalid for lack of an authorised complainant, allowing only a properly filed case to proceed in future.

Overview

  • Justices M.M. Sundresh and N. Kotiswar Singh set aside the FIR and all subsequent proceedings, overturning the Allahabad High Court’s refusal to quash.
  • The court noted the recovered liquid from a co-accused was not a scheduled substance under the NDPS Act and that nothing was recovered from Yadav himself.
  • Proceedings under the Wildlife (Protection) Act failed because Section 55 requires a complaint by a duly authorised officer, not by the NGO-linked complainant recorded in this case.
  • The bench recorded that IPC offences were tethered to an earlier Gurugram FIR that ended with a closure report, undercutting independent IPC charges.
  • The order expressly withholds a clean chit, granting liberty to competent authorities to refile a proper wildlife complaint in accordance with law.