KOCHI: A railway servant has the power to remove an intoxicated person from a railway carriage (coach) or railway premises, the Kerala High Court has held, observing that the said provision in the Railways Act recognises the need to ensure public order, safety and comfort of other passengers.
Considering a petition filed by Kochi resident K N Shastry, the MD of a tour and travel company, seeking to declare the provision unconstitutional, the HC said absence of the provision could result in a chaotic atmosphere inside railway stations and coaches.
“The provision cannot be held to be arbitrary or unconstitutional,” it said, adding that the procedural safeguard against intrusion into personal liberty of an individual was merely an apprehension raised by the petitioner.
Shastry had submitted that since he has to attend several meetings and conferences, he may have to occasionally indulge in consuming alcohol in small quantities and may have to travel by train to reach home afterward. However, he learnt through media reports that the Southern Railways had launched a drive to check drunk passengers and book them.
The HC said initial assessment of a person’s ‘state of intoxication’ would only result in their removal, which may subsequently be followed by prosecution and, eventually, conviction.
At the stage of initial removal, a railway servant may be able to assess the person’s condition using a breath analyser rather than conducting a blood test, as the latter would require conducting it inside the coach or on the premises, which would be practically impossible, the court observed.
Sufficient procedures had been laid down to prevent arbitrariness while identifying a person as being in a state of intoxication.
