Uttarakhand High Court Grants Bail To Man Over 'Illegal' Snake Possession, Notes Venom Collection License Could Not Be Renewed In Time
The Uttarakhand High Court granted bail to a man booked for illegal possession of snakes, after prima facie observing that continued incarceration was not justified merely because his licence for extracting venom to make medicines, had expired and could not be renewed or regularized in time.
Justice Ashish Naithani was dealing with a bail application filed by the accused arrested in connection with offences under various provisions of the Wildlife (Protection) Act, 1972. The court said,
"After hearing learned counsel for the parties and upon perusal of the record, this Court finds sufficient grounds to allow the bail application. Prima facie, it appears that the Applicant had earlier been operating under a valid license and had also moved an application for renewal prior to the raid in question, which aspect lends some substance to the submissions raised on his behalf. Further, the Applicant had been granted license for the purposes of scientific collection of snake venom and the wildlife involved in the present case consists of poisonous snakes found in the possession of the Applicant in caged condition.
At this stage, it is evident that the Applicant had previously been authorized under a valid licence and merely on the ground that the licence had expired and could not be updated or regularized in time, continued incarceration of the Applicant does not appear justified. The question as to whether the acts alleged amount to deliberate illegal trade or arise out of nonrenewal and regulatory lapse is a matter requiring trial".
The applicant was arrested in connection with allegations relating to possession of snakes and extraction of snake venom. According to the prosecution, 89 venomous snakes and venom were recovered from his possession and the licence under which he was operating had expired.
The applicant contended that he was a valid licence holder authorised to keep such snakes for extraction of venom used in preparation of life-saving medicines.
It was submitted that though the licence had expired on 31.12.2023, an application for renewal had subsequently been moved and was pending consideration. The applicant further submitted that he had also moved an application before the Director, Rajaji Tiger Reserve seeking release of the snakes, but no decision had been taken before his arrest.
It was contended that the snakes and venom allegedly recovered were kept under a valid licence and that at best the lapse related to pendency of renewal.
The applicant further submitted that he had been engaged in the said business for a long time and there had never been any complaint regarding misuse of the terms and conditions of the licence. It was also argued that recovery of 89 venomous snakes by itself did not establish illegal possession in the facts of the case.
The State opposed the bail application contending that the licence had expired and that some of the snakes had died. It was further alleged that the applicant was engaged in extracting snake venom and illegally trading the same outside the State.
After hearing the parties and perusing the record, the Court observed that the applicant had earlier been operating under a valid licence and had also moved an application for renewal prior to the raid, which lent substance to the submissions raised on his behalf.
Furthermore, the Court held that the question whether the allegations amount to deliberate illegal trade or arise out of non-renewal and regulatory lapse is a matter requiring trial.
Hence, considering the nature of allegations, the period of incarceration undergone, and absence of criminal antecedents, the Court held that the case was fit for grant of bail.
Accordingly, the bail application was allowed.
Case Name: Nitin Kumar v State of Uttarakhand
Case No.: BA1 No. 334 of 2026