Table of Contents
- Police Officers have no power to detain or seize vehicles on the ground that the person driving was found in an intoxicated condition- Telangana HC
Can Police Seize the vehicle of an intoxicated person?
- Telangana HC Held –
- If the driver / rider of the vehicle is found under the influence of Alcohol, he/she should not be allowed to drive the vehicle.
- However, if the police finds other person accompanying the driver/rider not in intoxicated condition and having a valid driving license, shall permit such person to drive the vehicle without seizing/ detaining the vehicle, subject to Section – 202 of the M.V. Act, 1988;
Inform Nearest Relative –
- If there is no other person other than the person who drives the vehicle in an intoxicated condition, then the concerned Police Officer or the intoxicated driver shall immediately inform any nearest relative or friend to take back the custody of the vehicle.
In What Case can Police Officer take Custody of the Vehicle?
- If no one comes to take back the custody of the vehicle, then the concerned Police Official shall temporarily take possession of the vehicle, and keep the vehicle in a nearest police station or any other appropriate authorized place for safe custody.
- The Police Officer who has the custody of such vehicle shall release the same either to the owner or any authorized person on production of certificate of registration (RC) of the said vehicle, proof of identity and a valid driving license
Contempt by Police Officer is Punishable
- Any breach of the above directives will amount to Contempt and necessary proceedings will be initiated against the concerned Police.
Section – 202 Power to arrest without warrant
- (1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197-
- Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 (Breath tests)and 204 (Laboratory test)by a registered medical practitioner failing which he shall be released from custody
184 Driving dangerously.
- Whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of case including the nature of the place, the amount of traffic which actually is at the time etc., shall be punishable for the first offence with imprisonment up to six months, or with fine upto one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment up to two years, or with fine which may extend to two thousand rupees, or with both.
185 Driving by a drunken person or by a person under the influence of drugs
- Whoever, while driving, or attempting to drive, a motor vehicle,—
- (a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or
- (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.
- shall be punishable for the first offence with imprisonment up to six months, or with fine which may extend to two thousand rupees, or with both; and
- for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.
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