Police Officers Not Empowered To Seize Vehicles On Ground That Driver Was Intoxicated: Telangana High Court

The Telangana High Court has observed that the police officers have no power to detain or seize vehicles on the ground that the person driving was found in an intoxicated condition.

Justice K Lakshman was dealing with a bunch of pleas concerning the power of Police Officers to seize the vehicle from its driver or rider, who remains in an intoxicated condition.

Interpreting various statutory provisions on the subject, the Court issued the following directions to the police authorities:

(a) If the driver / rider of the vehicle is found under the influence of Alcohol, he/she should not be allowed to drive the vehicle. However, if the police finds other person accompanying the driver/rider not in intoxicated condition and having a valid driving license, shall permit such person to drive the vehicle without seizing/ detaining the vehicle, subject to Section - 202 of the M.V. Act, 1988.

(b) If there is no other person other than the person who drives the vehicle in an intoxicated condition, then the concerned Police Officer or the intoxicated driver shall immediately inform any nearest relative or friend to take back the custody of the vehicle.

(c) If no one comes to take back 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 authorized place for safe custody. However, it is made clear that the Police do not have power to detain / seize vehicle on the ground that its driver/rider drove it in an intoxicated condition.

(d) The Police or any other Official who has the custody of such vehicle shall release the same either to the owner or any authorized person on production of certificate of registration (RC) of the said vehicle, proof of identity and a valid driving license.

(e) If the concerned Police come to a conclusion that prosecution of driver or owner or both is necessary, he shall file charge sheet against him/them before the concerned Magistrate within three (03) days from the date of seizure of vehicle. The vehicle shall be released by the Officer who detained it after prosecution is completed under intimation to the concerned Regional Transport Authorities.

(f) Learned Magistrates are directed to receive the charge sheets within three (03) days from the date of seizure in compliance of Rule - 448-A (iv) of the Telangana State Motor Vehicles Rules, 1989 if the charge sheets are otherwise in order.

(g) The Police Officers of the State are directed to strictly follow the procedure laid down under Rule - 448-A of the T.S. Motor Vehicles Rules, 1989.

(h) If no one claims the custody of vehicle, the police shall take necessary steps in accordance with law.

(i) Any breach of the above directives will amount to Contempt and necessary proceedings will be initiated against the concerned Police.

It was the stand of the petitioners that the police had no power to seize the vehicle from its drivers who remain in an intoxicated condition and that the police was detaining vehicles for days without releasing them, despite production of certificate of registration, identity proof and driving licenses.

On the other hand, the State submitted that sec. 185 of the Motor Vehicle Act, 1988, was only an enabling provision which the police were invoking and that the police authorities were taking all necessary steps to decrease the death rates caused on account of accidents while driving the vehicles in an intoxicated condition.

Analysing the relevant provisions, the Court was of the view that if the police officer finds a person driving the vehicle in an intoxicated condition and not capable of driving the vehicle, steps may be taken for detaining or temporary disposal of the vehicle.

The Court concluded that both under the Motor Vehicles Act and Central Motor Vehicles Rules, 1989, the Police Officer or Licensing Authority does not have the power to seize or detain the vehicle on the ground that the person driving the vehicle was in intoxicated condition.

"However, the said provisions are enabling provisions. For instance, a person drives the vehicle alone and Police Officer finds him in an intoxicated condition and that such person is unable to drive the vehicle, then the Police Officer has the power to seize the certificate of registration and can detain/seize the vehicle and keep it in a nearest police station/appropriate place for safe custody," the Court said.

The Court also said that it is the duty of the Police Officer to release the said vehicle either to the owner or to any authorized person who is not in drunken condition and who is in a position to drive the vehicle and holds a valid license.

"The intention of the Legislature is to reduce the accidents and deaths that may be caused due to driving of vehicles in intoxicated condition, and it is not the intention to harass the owners of the vehicles by detaining the vehicles for days together. Therefore, the police officers have to strictly follow the said law and the provisions of the Act," the Court said.

The Court also said that it is the fundamental duty of the citizens to take all precautions to avoid road accidents and deaths and also to follow the guidelines issued by the State and the Central Governments from time to time on 'road safety'.

Accordingly, the pleas were disposed of.

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