Landmark Judgment Directs Authorities to Follow Specific Protocols for Handling Intoxicated Drivers
In a significant ruling, the Telangana High Court has prohibited police authorities from seizing vehicles solely on the grounds of drunken driving under the Motor Vehicles Act, 1988. The judgment, delivered by Justice E.V. Venugopal, addresses a writ petition filed by Mr. Jangati Vijay, whose vehicle was seized by police after a friend, allegedly intoxicated, was found driving it.
The judgment comes in response to a petition that challenged the actions of the police in seizing the vehicle without presenting it to the court, an act considered illegal and unconstitutional under previous court directives. The petitioner cited a 2021 batch of writ petitions (W.P.No.1647/2021), where the High Court had clearly stated that police lack the authority to seize vehicles in cases of drunken driving.
The court reiterated that police officers do not have the power to take custody of vehicles driven under intoxicated conditions. Instead, it issued comprehensive guidelines for police to follow in such situations. These directions include allowing non-intoxicated accompanying individuals with valid driving licenses to take over the vehicle, informing relatives or friends for vehicle custody, and releasing the vehicle upon production of necessary documents such as the registration certificate and proof of identity.
The judgment further stressed compliance with Rule 448-A of the Telangana State Motor Vehicles Rules, 1989, which outlines the procedures for dealing with cases of drunken driving. The court warned that any breach of these directives would constitute Contempt of Court, and necessary proceedings would be initiated against the offending officers.
The Assistant Government Pleader for Home argued that the petitioner had knowingly handed over the vehicle to an intoxicated individual, thus encouraging the crime. However, the court maintained its stance, upholding the decision of the 2021 judgment that prescribed the procedures to be followed by police authorities.
The ruling is expected to have wide-reaching implications, ensuring that due process is followed and that individuals' constitutional rights are protected during encounters with law enforcement related to drunken driving incidents. The judgment not only provides clarity on the limits of police authority but also reinforces the importance of adhering to legal protocols.
Bottom Line:
Police authorities cannot seize vehicles solely on the ground of drunken driving under the Motor Vehicles Act, 1988. Directions issued to police regarding the procedure to be followed for vehicles driven under intoxicated conditions.
Statutory provision(s): Motor Vehicles Act, 1988, Telangana State Motor Vehicles Rules, 1989, Articles 14, 19, 300A of the Constitution of India.
Mr. Jangati Vijay v. State of Telangana, (Telangana) : Law Finder Doc id # 2880371
