Drunk Driving Gives No Right To Cops To Seize Or Detain Vehicles, Says Telangana HC
Justice E.V. Venugopal, while disposing of a petition filed by a person seeking release of his vehicle, referred to the 2021 order that laid down detailed guidelines on handling vehicles in drunk driving cases.
Hyderabad: The Telangana High Court has once again clarified that police authorities do not have the power to seize or detain vehicles solely on the ground that the driver was found under the influence of alcohol. In 2021, the High Court had laid down comprehensive guidelines governing police action in drunk driving cases.
The court had made it clear that while a person found intoxicated must not be allowed to drive, the vehicle itself could not be seized merely on that ground. Justice E.V. Venugopal was on Friday dealing with a writ petition filed by Jangati Vijay, who sought the release of his SUV seized by the Alwal traffic police on July 10, 2025. The vehicle was taken into custody after the driver, identified as Sai, allegedly drove it in a drunken condition.
Immaneni Rama Rao, petitioner’s counsel, contended that the seizure was illegal and contrary to the legal position settled by the High Court and the guidelines laid down by the apex court. He argued that the police lacked authority to seize vehicles in such circumstances and sought the release of the vehicle. The state submitted that the driver was involved in more than three drunk driving cases and that the petitioner had knowingly allowed him to use the vehicle. It was pointed out that neither the petitioner nor the driver had approached the authorities with relevant documents since the vehicle was taken into custody.
After hearing both sides, the court relied on the 2021 judgment, which laid down comprehensive guidelines governing how the police must deal with drunk driving cases. The court emphasised that if a sober and licensed person was present, the vehicle should be handed over to such an individual. In cases where no such person was available, the police may temporarily keep the vehicle in safe custody. The vehicle must be released to the owner or an authorised person upon production of valid documents such as a registration certificate, identity proof, and a driving licence.
