Hyderabad: The Telangana High Court has stated that if the driver is unconscious due to the consumption of alcohol on the day of detention of vehicle, it must be released the subsequent day.
Justice M.S. Ramachandra Rao while dealing a petition filed by one K. Rishikesh Reddy, who sought a direction to the police to release his car which the police had detained when it found that his driver was drunk in December.
The court directed the traffic station house officer, Madhapur, to release the vehicle.
The court stated that detention of the vehicle for an indefinite period was not acceptable on the ground that the driver was unconscious.
“Even if the driver on a particular day is unable to drive the vehicle, that does not mean the authorities can detain the vehicle.”
Mr Umesh Chandra, counsel for the petitioner, submitted that the sections invoked by the traffic police under the Motor Vehicle Act do not sanction detention of the vehicle. He submitted that there was no provision under the MV Act or rules which sanctioned the detention of the vehicle by the traffic police in a drunk drive case.
Mr Srikanth Reddy, counsel for the home department, submitted that the vehicle had been detained under petty cases law of the Motor Vehicle Act and such detention aided the enforcement agencies in ensuring the appearance of the perpetrator for counseling and for producing him before the court.
