Telangana High Court Says Police Can't Seize Vehicles in Drunk Driving Cases

The Telangana police is going all out to control drunk and driving cases by initiating strict action against the offenders. The police have warned people against driving under the influence. On Friday, Justice K. Lakshman of the Telangana High Court clarified that police do not have the authority to detain or seize a vehicle solely because the person driving or sitting in it was drunk.

The judge warned any breach of the court's direction would be considered contempt of court, and action would be taken against the officers involved in a batch of writ petitions contesting police rights to detain vehicles during drunk driving checks. The magistrate ordered police officers to file charge sheets in drunk driving cases within three days.

The seized car should be released by the police after the prosecution is completed, with notification to Road Transport Authority officials. In accordance with Rule 448-A (iv) of the Telangana State Motor Vehicle Rules-1989, Justice K. Lakshman also directed magistrates to receive charge-sheets within three days of vehicle seizure.

The judge stated that police officers must strictly follow the procedure outlined in Rule 448-A. If no one steps forward to claim the seized vehicle, the police can proceed in accordance with the law.

A person found to be under the influence during a drunk driving check should not be allowed to drive or ride in a vehicle. A person (who is not intoxicated) accompanying that driver or rider can operate the vehicle after producing a driving licence, as per Section 202 of the Motor Vehicles Act-1988.

If no one is accompanying such a 'intoxicated' driver or rider, the police should inform the driver's or rider's relative or friend and seize custody of the vehicle. If no one is available to take custody of the car, authorities should take 'temporary possession.'

The judge added that the court previously ruled that under the MV Act, police do not have the power to seize vehicles driven by people under the influence. In the past, orders were passed to release vehicles seized in drunk driving cases on production of the vehicle's registration certificate, photo identity evidence, and driving licence.