Police have 'no' authority to seize vehicles of those caught in drunk drive checking: TS HC
Justice K Laxman of the High Court of Telangana expressed clear and loud that there's no power for the police department to seize any vehicle on the ground when any person driving is caught under the act of drunk and drive.
By Newsmeter Network Published on 5 Nov 2021 3:22 PM GMT
Hyderabad: For the second time, the Telangana High Court while dismissing a number of writ petitions, stated- The Police have 'no' authority to seize vehicles of those caught in drunk drive checks.
Justice K Laxman of High Court of Telangana while hearing a batch of cases filed against the state for the seizure of vehicles during the drunk and drive search, directed the police department not to seize any vehicle on the ground when any person driving caught under the act of drunk and drive.
The High Court said that the authority ( police department) can book cases against the person driving under influence of alcohol under appropriate MV Act and file a charge sheet before the magistrate within three days in accordance with the law.
However, provided the person who is accompanying the influenced person should be given an opportunity to drive the vehicle who is carrying a valid license to drive safely and inform the near and dear. Or allow the person to contact his/her family living near by, to help them get home.
The bench was hearing a number of writ petitions. The court also stated that, If the direction couldn't be implemented due to any challenges, they have to temporarily take the vehicle into custody and the vehicle should be released on providing the proof of registration.
The court made it very clear that neither in MV Act/acting provisions doesn't permit any seizure of vehicles in DUI caught cases.
If orders are not implemented or any deviation in the said orders will lead to serious Contempt of court proceedings, This case got into light as many lakhs of vehicles are being seized in Telangana.
