HYDERABAD: The Telangana High Court on Friday declared that the police have no power to seize the vehicles when the people are caught driving under influence of alcohol. Disposing of a batch of writ petitions on the issue, 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.
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.
If the police official concerned comes to the conclusion that prosecution of driver or owner or both is necessary, he shall file a chargesheet against him/them before the concerned magistrate within three days from the date of seizure of vehicle. The vehicle should be released by the officer after prosecution is completed.