Upto 20 years in jail with no bail for Elvish Yadav if proven guilty in rave party case: Understanding the sections of NDPS Act

YouTuber Elvish Yadav, winner of Big Boss OTT, has reportedly admitted to authorities that he facilitated the procurement of snakes and snake venom for rave parties, according to sources familiar with the matter as reported by India Today TV on Monday. The 26-year-old influencer also purportedly confessed to meeting all individuals apprehended by police in connection with the utilisation of snake venom as a recreational substance during a party held in Noida in November of the previous year.

Yadav was taken into custody by the Noida Police on Sunday, March 17, as part of an ongoing investigation into the incident. Subsequently, he was presented before a court, which remanded him to 14 days of judicial custody. Notably, Yadav is one of six individuals named in an FIR filed at Noida's Sector 49 police station. The remaining five accused, who are snake charmers, were initially apprehended in November but have since been released on bail.

The charges against Yadav include violations under the Wildlife Protection Act of 1972, as well as sections 120B, 284, and 289 of the Indian Penal Code, which pertain to criminal conspiracy, negligent conduct involving poison endangering human safety, and negligent conduct with respect to animals, respectively. Additionally, charges under the stringent provisions of Section 8, 20, 27 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act have been added to the case. Forensic reports have previously confirmed the presence of snake venom in samples collected from the party venue.

Understanding Jail Time of Elvish Yadav - 

Section 8(c) of the Act prohibits the sale, consumption, or purchase of narcotic drugs. Meanwhile, section 20(b) specifically addresses cannabis, with punishment varying based on the quantity recovered. Depending on the amount, imprisonment of up to one year can be imposed.

According to Section 27 of the Act, punishment for consuming any narcotic drug or psychotropic substance varies:

- If the substance consumed is cocaine, morphine, diacetylmorphine, or any other specified narcotic drug, the punishment can extend up to one year of rigorous imprisonment, or a fine up to twenty thousand rupees, or both.

- For substances other than those specified, the punishment can extend up to six months of imprisonment, or a fine up to ten thousand rupees, or both.

Section 27A pertains to punishment for financing illicit traffic and harbouring offenders. It states that those involved in financing or harboring individuals engaged in specified activities may face rigorous imprisonment ranging from ten to twenty years, along with a fine ranging from one to two lakh rupees.

Section 27B addresses contravention of Section 8A, prescribing rigorous imprisonment ranging from three to ten years, along with a fine.

Furthermore, Section 29 deals with punishment for abetment and criminal conspiracy. Anyone found abetting or being part of a criminal conspiracy to commit an offence under this Chapter can face punishment as provided for the offence.

Therefore, depending on the specific circumstances and charges faced by the individual, the jail term can vary. However, based on the mentioned sections, the maximum imprisonment Elvish Yadav can face is twenty years with no possibility of bail.

PFA's role and findings - 

His arrest followed a sting operation orchestrated by People for Animals, led by BJP MP and PFA chairperson Maneka Gandhi, aimed at uncovering the misuse of endangered wildlife. Allegations suggested that Elvish had facilitated the acquisition of snake venom for a specific event held in Noida's Sector 51. Subsequent investigations unveiled the usage of cobra and krait snake venom at the event, corroborated by samples seized from the scene.

The case took a distressing turn upon discovering that nine snakes, discovered at the party location, had their venom glands extracted, with eight of them also missing their fangs. This revelation raised alarms regarding the unlawful trade and exploitation of wildlife for illicit purposes.

Read more | System of Drugfluencer? Elvish Yadav confesses of arranging Snake Venom at Rave party, says report