The Allahabad High Court on Monday dismissed YouTuber Elvish Yadav’s plea challenging the chargesheet filed against him in a high-profile case involving the alleged misuse of snakes and snake venom at parties for YouTube content.
Justice Saurabh Srivastava, while dismissing the petition, observed that both the FIR and the chargesheet contained serious allegations against Yadav, and their truthfulness could only be determined during the trial. Notably, the judge pointed out that Yadav had not challenged the FIR itself, but only the chargesheet and proceedings arising from it.
Allegations
The case, which attracted significant public attention, alleges that Yadav organized rave parties where foreign nationals were invited and drugs, including snake venom, were allegedly consumed. The charges also claim he arranged for snakes used in these events to create content for his YouTube videos.
Legal Arguments
Senior advocate Naveen Sinha, assisted by advocate Nipun Singh, argued on behalf of Yadav, claiming that:
The informant who lodged the FIR was no longer a designated animal welfare officer and thus not legally authorized under the Wildlife Protection Act to file the complaint.
No contraband, drugs, or snakes were recovered from Yadav personally.
There was no direct link between Yadav and the other accused persons.
In response, Additional Advocate General Manish Goyal submitted that the investigation had established Yadav’s role in supplying snakes to others from whom the seizures were made.
The court, unswayed by the defense, upheld the chargesheet and refused to intervene at this stage, stating that the trial court is the proper forum to test the evidence and verify the charges.
Charges Framed Under Multiple Laws
Yadav has been charged under several provisions, including:
Wildlife Protection Act: Sections 9, 39, 48A, 49, 50, and 51
Indian Penal Code (IPC): Sections 284, 289, and 120B
NDPS Act: Sections 8, 22, 29, 30, and 32
These charges stem from an FIR lodged at Sector-49 Police Station in Noida, Gautam Buddh Nagar. A summons has also been issued by the First Additional Chief Judicial Magistrate of the district.
Claims Of Media Bias & Police Overreach
Yadav also argued that media attention and his public persona as a popular YouTuber and television personality influenced the case. He alleged that, due to his fame, the police invoked more serious NDPS Act charges to sensationalize the matter, charges which were later dropped due to lack of evidence.
Despite these claims, the High Court maintained that such contentions must be assessed during the trial, not at the stage of pre-trial proceedings.
The case will now move forward under the scrutiny of the trial court.
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