Hyderabad: Reinforcing due process in drunk driving enforcement, Telangana high court has made it clear that police cannot seize vehicles solely on the ground that the driver is intoxicated, and must instead prioritise lawful handover procedures. Hearing a writ petition involving a Mahindra XUV 500 seized by Alwal traffic police in July 2025, Justice EV Venugopal stressed that enforcement must follow established legal safeguards. In the recent order, the judge cautioned that any violation of these directions would invite contempt of court proceedings. Citing principles laid down by the Supreme Court, earlier high court rulings and provisions of the Motor Vehicles Act, the court issued detailed guidelines for police dealing with drunk driving cases. ‘Contact a relative’According to the order, if a driver is found under the influence of alcohol, they must be immediately prevented from driving. However, if a co-passenger is sober and holds a valid driving licence, police are required to allow that person to take charge of the vehicle. If the driver is alone, officers must contact a relative or friend to take custody. The court clarified that only in situations where no authorised person is available can police take temporary custody of the vehicle and move it to a nearby station for safekeeping. Even then, the vehicle must be released upon production of valid documents, including the registration certificate, identity proof and a driving licence. The bench further observed 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 lays down procedures for seizure, custody, prosecution and release of vehicles.
