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Police Can't Seize Vehicles In Drunk Driving Cases: Telangana High Court
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Telangana, 6 Nov 2021 7:43 AM GMT
Editor : Snehadri Sarkar |
While he is a massive sports fanatic, his interest also lies in mainstream news and nitpicking trending and less talked about everyday issues.
Creatives : Snehadri Sarkar
While he is a massive sports fanatic, his interest also lies in mainstream news and nitpicking trending and less talked about everyday issues.
The HC also made it clear that the Motor Vehicles Act and the other governing provisions do not permit the seizure of the vehicle as well by the police.
The Telangana High Court on November 5 declared that the police have no power to forfeit vehicles in drunk and drive cases. The declaration has come along with a batch of 40 writ petitions on the issue that challenged the rigorous rules and prolonged wait to get back the custody of seized vehicles.
What's The Verdict?
Justice K Lakshman of the Telangana High Court issued a series of directions in this regard. The court said that if the Police find the vehicle driver in a drunken state incapable of driving, they can allow an accompanying sober person to drive the vehicle henceforth.
If the above-mentioned directions could not be implemented, the police concerned could seize the vehicle temporarily. On account of producing documents of the vehicles by the owner, the police shall release the vehicle from custody, as per reports in Telangana Today.
Suppose the police concludes that the individual driving the car shall be prosecuted on apparent grounds. It shall file a chargesheet before the concerned magistrate.
Motor Vehicles Act
Justice Lakshman also clarified that any violation of the above directions would be construed as contempt, and proceedings can be initiated. The judge further made it clear that the Motor Vehicles Act and the other governing provisions do not permit the seizure of the vehicle.
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