Police Can't Detain Vehicle For Drunk Driving; Must Inform Relative/Friend To Take Custody: Telangana High Court

The Telangana High Court has reiterated that police officers have no power to detain or seize vehicles on the ground that the person driving was found in an intoxicated condition, and in case no one other than the intoxicated driver is there the police must inform the nearest relative or friend to take back the custody of the vehicle. Justice E.V. Venugopal in his order referred to a coordinate bench's decision in a 2021 petition (W.P. No.1647 of 2021) where detailed guidelines were passed on how the police must deal with vehicles involved in drunk driving cases.The order of the coordinate bench dated October 29, 2021 states:“…the Police Officers do not have the power to detain/seize the vehicles on the ground that the person driving the vehicle was found in an intoxicated condition. However, the said provisions are enabling provisions. For instance, a person drives the vehicle alone and Police Officer finds him in an intoxicated condition and that such person is unable to drive the vehicle, then the Police Officer has the power to seize the certificate of registration and can detain/seize the vehicle and keep it in a nearest police station/appropriate place for safe custody. At the same time, it is the duty of the Police Officer to release the said vehicle either to the owner or to any authorized person who is not in drunken condition and who is in a position to drive the vehicle and holds a valid license.” The coordinate bench said that if the driver of vehicle is found under the influence of alcohol they should not be allowed to drive the vehicle; however, if the police finds another person accompanying the driver/rider not in an intoxicated condition and having a valid driving license, then it shall permit such person to drive the vehicle without seizing/ detaining the vehicle. If there is no other person other than the person who was driving the car in intoxicated condition, then the police officer or intoxicated driver must inform the nearest relative or friend to take back the custody of the vehicle, the court had said. Referring to the coordinate bench's order and the guidelines therein the high court disposed of the present petition seeking release of a detained vehicle. The petitioner, Jangati Vijay, approached the Court seeking release of his Mahindra XUV 500 bearing registration No. TS 08 FY 5298, which had been seized by the Alwal Traffic Police after respondent No.4, Sai Ram Rao, was allegedly found driving it in a drunken condition on 10.07.2025. He contended that the seizure was contrary to the law already declared by the High Court in the 2021 batch of cases.Counsel for the petitioner submitted that he was the owner of the vehicle and that in similar circumstances the High Court had already held that the police lack power to seize vehicles in drunken driving cases. He therefore sought a direction for release of the vehicle in terms of the earlier order.The Assistant Government Pleader submitted that Sai Ram Rao was involved in four drunk and drive cases, that in three such cases challans had been generated against the subject vehicle, and that neither the petitioner nor respondent No.4 had approached the police with the relevant documentary proof since the date of hold of the vehicle. It was further contended that the petitioner had knowingly handed over the vehicle to respondent No.4 and had “encouraged the crime.”After hearing both sides, the Court noted that the issue stood covered by the earlier detailed common order, which had clarified that although a person found drunk cannot be permitted to continue driving, the police do not have power to detain or seize the vehicle solely on that ground. The earlier order had further made it clear that if another person accompanying the driver is sober and has a valid licence, such person should be permitted to drive the vehicle; if no such person is available, the vehicle may be kept temporarily in safe custody, but must be released to the owner or an authorised person on production of the RC, proof of identity and a valid driving licence."Accordingly, this writ petition is disposed of in terms of the order in W.P.No.1647 of 2021 and batch' There shall be no order as to costs," the high court said in the present petition. Case Title: Jangati Vijay v. State of Telangana & Ors.Case No.: W.P. No.38805 of 2025Appearance: Sri Immaneni Rama Rao for the Petitioner; GP for Home for Respondent Nos.1 to 3; no appearance for Respondent No.4.Click Here To Read/Download Order

Police Can't Detain Vehicle For Drunk Driving; Must Inform Relative/Friend To Take Custody: Telangana High Court

Ananya Tangri

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