HYDERABAD: Justice E.V. Venugopal of the Telangana High Court has reiterated that police authorities cannot seize vehicles solely on the ground of drunk driving, while disposing of a petition seeking release of a vehicle.
The case arose after the Alwal Traffic Police confiscated the petitioner’s vehicle when his friend was caught driving under the influence of alcohol last year. Challenging the action, the petitioner contended that the seizure was contrary to the High Court’s earlier ruling on the issue.
During the hearing, the government’s counsel argued that the individual apprehended had a history of multiple drunk driving offences and that the petitioner had knowingly permitted him to use the vehicle despite such a background.
Referring to its earlier order dated October 29, 2021, the court noted that clear guidelines had already been laid down regarding the handling of vehicles in drunk driving cases.
The earlier ruling had clarified that while intoxicated drivers must be prevented from continuing to drive, police officials do not have the authority to seize vehicles on that basis alone.
Instead, the guidelines permit officers to take custody of the vehicle only temporarily for safety purposes and to seize the registration certificate.
The vehicle must then be handed over to the owner or to an authorised person holding a valid driving licence who is not under the influence of alcohol.
In the absence of such a person, the police are required to inform a relative or friend to take charge of the vehicle.
The court further reiterated that neither the provisions of the Motor Vehicles Act nor other applicable laws empower the police to permanently detain or seize a vehicle merely because the driver was found intoxicated.
Observing that the legal position had already been settled by the 2021 judgment, Justice Venugopal disposed of the petition, reaffirming that police must act within the limits of the law while dealing with drunk driving cases.