Telangana High Court Prohibits Vehicle Seizure in Drunk Driving Enforcement Cases
The Telangana High Court has issued a directive clarifying that police personnel do not possess the legal authority to seize vehicles during drunk driving checks. The ruling emphasizes that the act of driving under the influence does not automatically empower the police department to impound the personal property of the commuter.
Alternative Arrangements for Vehicle Custody
In instances where no sober person is present in the vehicle to take control, the court has specified a clear protocol. Rather than shifting the vehicle to the local police station, officers are directed to contact the friends or relatives of the individual. The vehicle must be handed over to these verified acquaintances to ensure its safe removal from the spot.
This clarification addresses frequent grievances regarding the procedural conduct of traffic police during late-night enforcement drives. The bench noted that the objective of the law is to prevent accidents and ensure safety, rather than creating administrative hurdles through unauthorized seizures.
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Administrative Compliance for Police Department
The High Court's directions serve as a mandatory guideline for the Telangana Police Department. It stipulates that the police role is limited to registering the offense and ensuring the intoxicated driver does not continue to operate the vehicle. The seizure of a vehicle is viewed as an excess of authority if conducted solely on the grounds of a failed breathalyzer test.
Context of Traffic Enforcement in Telangana
This is not the first instance where the Telangana High Court has intervened in matters of traffic police protocols. Previous observations have consistently pointed toward the protection of citizen rights against arbitrary impounding. While the state continues its stringent "Drunk and Drive" campaigns to curb road fatalities, the judiciary remains focused on ensuring these measures stay within the ambit of the law.
The ruling is expected to lead to a revision in the standard operating procedures (SOPs) followed by traffic wings across Hyderabad and other districts. Enforcement teams will now need to facilitate the handover of vehicles at the site of the check instead of towing them to police premises.