Chaini Parwani –
Published On: November 07, 2021 at 14:48 IST
The Telangana High Court observed that the Police have no power to seize vehicles from drunk drivers and instead can permit an accompanying person who has not had alcohol to drive the vehicle further.
While hearing Plea filed by vehicle owners challenging car seizures and the sustained wait to get their vehicles back, Justice K. Lakshman stated, “If there is no one accompanying the drunk driver, then the police should inform a relative or friend of the intoxicated man to take custody of the vehicle.”
Further, the Judge added that if no one steps forward to drive the vehicle, then the Police seize the vehicle at the nearest police station or some other safe custody and release the vehicle either to the owner or any Authorized Person.
In addition, Justice K Lakshman acknowledged the State Home Department Counsel, G Srikanth Reddy’s argument that an intoxicated driver should not be allowed to drive from the point where he is caught.
Justice Lakshman observed further that “If a police officer comes to a conclusion that Prosecution of a driver or owner or both is necessary, he shall file a charge sheet against them before a magistrate within three days from the date of seizure of the vehicle.”
The Order directed Magistrates to receive the charge sheet within three days from the date of seizure if the charge sheets are otherwise in Order and that if no one alleges the custody of the vehicle, the Police can take the required action.
Justice Lakshman highlighted, “Any breach of these directives will result in contempt cases against errant officers.”
The Judge dismissed a batch of over 40 Writ Petitions on the question of whether the Police have the authority to seize a vehicle from its driver, who is in an intoxicated condition.
Justice Lakshman observed that the provisions of the Motor Vehicles Act and the other governing provisions do not allow the seizure of a vehicle.
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Jharkhand HC: Vehicles seized by police not to be kept in custody for a long period