Police Can't Seize Vehicles In Drunk Driving Cases: What Telangana High Court Said
The Telangana High Court on November 5 declared that the police have no power to seize vehicles in drunk and drive cases.The declaration has come along with a batch of 40 writ petitions on the issue that challenged the rigorous rules and prolonged wait to get back the custody of seized vehicles.
What did the court say?
Justice Lakshman said that if the vehicle driver was found to be drunk, the police should allow an accompanying person with a valid driving licence to drive the vehicle or inform a relative or friend and permit such person to drive the vehicle.
The court also said if no one comes forward to take the custody of the vehicle, then the concerned police official shall temporarily take possession of the vehicle, and keep the vehicle in a nearest police station or any other appropriate authorised place for safe custody.? ??
Suppose the police concludes that the individual driving the car shall be prosecuted on apparent grounds. It shall file a chargesheet before the concerned magistrate, it further said.
Who shall the vehicle be released to?
However, the court made clear that the police do not have power to detain or seize vehicle on the ground that its driver or rider were in an intoxicated condition.
The police or any other official who has the custody of such vehicle shall release the same either to the owner or any authorised person on production of certificate of registration (RC) of the said vehicle, proof of identity and a valid driving licence.
Justice Lakshman also clarified that any violation of the above directions would be construed as contempt, and proceedings can be initiated. The judge further made it clear that the Motor Vehicles Act and the other governing provisions do not permit the seizure of the vehicle.
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