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Judgment
N. Kirubakaran, J.—This Petition coming on for orders upon perusing the Petition and the affidavit filed in support thereof and upon hearing
the arguments of the learned Government Advocate for the Respondents the Court made the following order:
This matter is being taken up today as a Suo Motu Writ Petition with regard to the news item that has appeared on Saturday 30th May, 2009 in
The Times of India under the title ''CRACKDOWN ON DRUNK DRIVERS HITS RED TAPE - Transport Department Nixes Traffic Police''s
plan to cancel licences on spot.
It is understood from the news item that the proposal to cancel the licence of drunken drivers on the spot, has been caught in the red tape and it
could not be implemented due to the provisions of the Motor Vehicles Act. It is a common knowledge that every day people are dying because of
road traffic accidents and according to the newspaper, the Government General Hospital sees as many as 150 road accident cases and the figure
goes up to 200 on Saturdays. Even in ""The Hindu"" and in the other newspaper, there has been regular news items highlighting the need for strict
action against drunken driving.
No discipline is observed on the road by the drivers. Over speeding, overtaking, jumping the signals, jamming the traffic are common scene in
the city. These factors also contribute for more accidents. Hence, the Traffic Police has to book the violators effectively. The dates, as per news
columns, reveal that the highest rate of accidents occur in Tamil Nadu. It is due to giving driving licences to people who cannot drive properly and
due to drunken driving. Drinking itself is dangerous and drunken driving is more dangerous as it causes loss of life or many lives, injuries and grave
injuries. Many families lose their bread winner and many people become handicapped and they have to lead a miserable life.
Even though the Police Authorities have taken steps to cancel the licence of the drunken drivers on the spot, the Motor Vehicles Authorities
expressed their inability quoting certain provisions of Motor Vehicles Act. If the licence has to be cancelled, the provision u/s 19 of the Motor
Vehicles Act has to be invoked. As far as taking action against drunken drivers are concerned, u/s 185 of the Vehicles Act, there is a stringent
punishment and Section 185 of the Act is extracted here under for ready reference:
Driving by a drunken person or by a person under the influence of drugs.-- Whoever, while driving or attempting to drive the motor vehicle--
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyzer, or
(b) 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 imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for
a second or subsequent offence, if committed within three years of the commission of previous similar offence, with imprisonment for a term which
may extend to two years, or with fine which may extend to three thousand rupees, or with both.
When such a stringent provision u/s 185 of the Act is available, the authorities has to invoke Section 185 of the Act strictly and arrest the drunken
drivers forthwith. A unified action plan by the Police and the Transport Authority regarding spot cancellation of licence has to be evolved. Hence,
law enforcing agencies are vested with enormous powers under the Act and they have to meticulously implement the provisions of Act to curtail the
evil in the interest of Society. The Police is hereby directed to strictly follow the provisions of the Motor Vehicles Act, especially Section 185 of
the Act in dealing with the drunken drivers and conduct regular drunken drive check throughout the state especially on Fridays, Saturdays and
Sundays. The Chief Secretary to the Government, the Director General of Police, the Commissioner of Police, Chennai, the Secretary to the
Government-Transport Department, The State Transport Authority are hereby directed to file their response within eight weeks from the date of
receipt of a copy of this order. Meanwhile, the authorities are directed to implement this order.