Telangana HC reiterates Police cannot seize vehicles in drunk driving cases
HYDERABAD: The Telangana High Court has reiterated that police officers cannot seize or detain vehicles solely because a driver is caught drunk driving.
Justice E.V. Venugopal disposed of a petition seeking release of a vehicle. He referred to the court’s October 29, 2021 order, which laid down clear guidelines for such cases. The court stressed that police must stop intoxicated drivers from driving, but the law does not allow vehicle seizure on that ground alone.
Police can ensure safety, not seize vehicles
The 2021 order allows police to take the registration certificate and keep the vehicle in safe custody temporarily. However, they must release it to the owner or an authorised person with a valid licence who is sober.
If no such person is present, police must contact a relative or friend to take custody of the vehicle.
The court noted that the Motor Vehicles Act does not give police the power to seize vehicles merely because the driver consumed alcohol.
Alwal case triggers fresh clarification
The case arose after Alwal Traffic Police seized the petitioner’s vehicle last year. The driver, a friend of the petitioner, was allegedly caught drunk.
The petitioner argued that the seizure violated the 2021 High Court order. The government said the driver had multiple drunk driving cases and that the petitioner knowingly allowed him to use the vehicle.
After hearing both sides, the court said the issue was already settled. It reiterated that police can stop drunk driving but cannot seize vehicles on that basis alone.
The court then disposed of the petition.
