Police cannot seize vehicles in drunk driving cases: HC
‘Any breach of
direction would
amount to
contempt of
court’
MARRI RAMU
HYDERABAD
Justice K. Lakshman of Te-
langana High Court on Fri-
day made it clear that police
do not have power to detain
or seize a vehicle on the
ground that the person driv-
ing or riding the vehicle was
under the influence of alco-
hol.
Delivering verdict in a
batch of writ petitions chal-
lenging powers of police to
seize vehicles during drunk
drive checks, the judge said
any breach of the direction
issued in the matter would
amount to contempt of court
and action would be initiated
against police officers con-
cerned.
The magistrate directed
the police officers to file
charge-sheets in drunk drive
cases within three days if
they deem it fit to do so
against driver, owner (or
both) of the vehicle.
The detained vehicle
should be released by the
police after completion of
prosecution, by intimating to
the Road Transport Authori-
ty officials. Justice K. Laksh-
man also instructed magis-
trates to receive the
charge-sheets within three
days from the date of seizure
of vehicles in compliance
with rule 448-A (iv) of Telan-
gana State Motor Vehicle
Rules-1989. The judge made
it clear that police officers
should strictly adhere to the
procedure laid down under
rule 448-A. If no one comes
forward to claim the seized
vehicle, the police can pro-
ceed in accordance with the
law. During drunk driving
checks, a person found un-
der the influence of alcohol
should not be allowed to
drive or ride the vehicle. Ho-
wever, a person (who is not
in an intoxicated condition)
accompanying that driver or
rider shall be permitted to
drive that vehicle on produc-
tion of driving license. This is
subject to section 202 of the
Motor Vehicles Act-1988.
If no person is accompa-
nying such ‘intoxicated’ driv-
er or rider, the police should
inform nearest relative or
friend of the driver or rider
to take custody of the vehi-
cle. If none is available to
take custody of the vehicle,
police should take ‘tempor-
ary possession’ of the vehi-
cle. It should be kept at the
nearest police station or any
other appropriate author-
ised place for safe custody,
the judge said.
The judge stated that ear-
lier the court had held that
police do not have powers
under the MV Act to take
custody of vehicles being dri-
ven by persons under in-
fluence of alcohols. Direc-
tions were also issued in the
past to release vehicles
seized in drunk driving cases
on production of vehicle’s
registration certificate, pho-
to identity proof and driving
license.