Drunk & Drive: Police Cannot Seize Vehicles!

In a significant ruling, the Telangana high court has emphasized the importance of due process in drunk driving cases, stating that police cannot seize vehicles based solely on the driver’s intoxication.

The court stressed the need for lawful handover procedures, highlighting a recent case involving a Mahindra XUV 500 seized by Alwal traffic police in July 2025. Justice EV Venugopal cautioned that any violation of these directives would lead to contempt of court proceedings. The court referenced principles laid down by the Supreme Court, previous high court rulings, and provisions of the Motor Vehicles Act to issue detailed guidelines for police handling drunk driving cases.

According to the guidelines, if a driver is found under the influence of alcohol, they must be prevented from driving immediately. However, if a sober co-passenger with a valid driving license is present, the police must allow that person to take charge of the vehicle. If the driver is alone, officers must contact a relative or friend to take custody. Only if no authorized person is available can police take temporary custody of the vehicle and move it to a nearby station for safekeeping. The vehicle must be released upon production of valid documents, including the registration certificate, identity proof, and a driving license.

The court clarified that while police may prosecute the driver or owner by filing a chargesheet before a magistrate within three days, the vehicle itself cannot be treated as a punitive measure. Magistrates have been directed to accept chargesheets within three days of seizure in line with Motor Vehicles Act provisions. The court also instructed all police officers to strictly follow Rule 448-A of the Telangana Motor Vehicles Rules, which outlines procedures for seizure, custody, prosecution, and release of vehicles.