Police Can’t Seize Vehicles in Drunk Driving cases: TS High Court

Hyderabad: The Telangana High Court has declared that the police have no power to seize vehicles when the drivers are caught driving under influence of alcohol.

Disposing off a batch of 40 writ petitions on the issue, Justice K Lakshman of the Telangana High Court issued a series of directions in this regard. The court said that if the vehicle driver was found to be drunk while driving the vehicle, the police should allow an accompanying person with a valid driving license to drive the car or inform a near relative or friend and permit such person to drive the vehicle.

Only in case the above directions could not be implemented, the police concerned should temporarily take possession of the vehicle. The police authorities should also release the vehicle to the owner or any authorized person on production of the Registration Certificte of the seized vehicle.

On coming to a conclusion that the person driving the car is to be prosecuted the police officer shall file a charge sheet before the Magistrate concerned in three days. Justice Lakshman also made it clear that any violation of the above directions would be construed as contempt and proceedings can be initiated.

The judge disposed of a batch of over 40 writ petitions on the question as to whether the police have the power to seize the vehicle from its driver /rider who is in an intoxicated condition. The judge made it clear that provisions of the Motor Vehicles Act and the other governing provisions do not permit seizure of the vehicle.

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