Point of Law: Under the M.V. Act, the Police Officers do not have power to take custody of the vehicle driven under intoxicated condition and directed the authorities/officials who have custody of the vehicle in question to release the same on production of certificate of registration relating to the said vehicle and on production of proof of identity and also a valid driving license.

ORDER:

Heard Mr. B. Shravanth Sanker, learned counsel representing Mr. P. Shashi Kiran, Mr. Thomas Joseph Lloyd, Mr. Nikhilesh Thogari, Mr. K.W.J. Bose, Mr. Ganapathi Kolli, Mr.P.V.S.K. Chakravarthy, Mr. M. Praveen Kumar, Mr. G.S. Prasen, Mr. V.T. Kalyan, Ms. G. Jyothsna Devi, Mr. Mettu Shankar, Ch. Ravinder, Mr. R. Mangulal, Mr. Lokesh Phanidra Bonthu representing M/s. Mithra Law Firm, Ms. C. Sunitha Kumari, Mr.P. Shravan Kumar Goud, Mr. Swamy Botla, Praveen Bonkuri, Mr. Kandadi Mahender Reddy and Mr. K. Venu Madhav, Mr. K. Mukhendu Kaushik and Mr. Bharath Chandra Madas, learned counsel appearing on behalf of the respective petitioners, and Mr. T. Srikanth Reddy, learned Government Pleader for Home appearing on behalf of the respondents.

2. The challenge, in this entire batch of writ petitions, is to the power of Police Officers to seize the vehicle from its driver/rider, who is in an intoxicated condition.

3. The learned counsel appearing on behalf of their respective petitioners have made their submissions extensively. The learned Government Pleader for Home has also made submissions referring to various provisions of the Motor Vehicles Act, 1988 (for short ‘Act, 1988’), the Indian Penal Code, 1860 (for short ‘IPC’) and the law laid down by this Court etc.

4. COMMON CONTENTIONS OF THE PETITIONERS:

i) The police have no power to seize the vehicle from its drivers/riders who are in an intoxicated condition. Moreover, the Police Officers are detaining the vehicles for days together and not releasing the same even after producing certificate of registration, identity proof and driving licenses etc. On account of the same, owners of the vehicles are suffering. Thus, the said act on the part of the Police is illegal.

ii) Mr. Sravanth Shankar, learned counsel representing Mr. P. Shashi Kiran, learned counsel for the petitioner in W.P. No.1647 of 2021, filed a compilation consisting of arguments in brief, list of dates, relevant provisions of law and copies of relevant judgments. He has extensively argued referring to various provisions of the M.V. Act.

iii) Referring to Sections 185B, 207 and 19 (f) and 216 of the Central Motor vehicles Rules, Mr. Ch. Ravinder, learned counsel, would submit that the police have no power to detain the vehicles seized from the person who drives it in an intoxication condition. Mr. Prasad Kandadi also supplemented the said submissions.

5. CONTENTIONS ON BEHALF OF RESPONDENTS:

i) Mr. T. Srikanth Reddy, learned Government Pleader for Home would submit that Section - 185 of the Act, 1988 deals with driving of a vehicle by a drunken person or by a person under the influence of drugs, and according to the said provision, whoever, while driving, or attempting to drive, a motor vehicle, has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyzer, or is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with an imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

ii) According to him, once the Police Officer finds a person driving the vehicle in an intoxication condition and there is no other person to drive the vehicle, police are seizing the vehicle and releasing the same either to the owner of the vehicle or his/her authorized person on producing proper proof of identification and valid driving license. Thus, according to him, Section - 185 of the Act, 1988, is only an enabling provision which the police are invoking.

iii) Referring to Section - 206 (4) of the Motor Vehicles Amendment Act, 2019 (for short ‘Amendment Act, 2019’), the learned Government Pleader would submit that Section - 206 deals with the power of police officer to impound the document, and as per sub-Section (4) of Section - 206 of the Amendment Act, 2019, a police officer or other person authorized in this behalf by the State G