Railways Can Remove and Prosecute Drunk Passengers: Kerala HC Upholds Section 145
Case Title: K.N. Shastry v. Union of India and Ors.
Case No.: WP(C) No. 6451 of 2012
Coram: Justice Bechu Kurian Thomas
Court Observation
“A provision in the nature of Section 145(a) of the Act is a recognition of the requirement of ensuring public order and safety and the comfort of other passengers inside a railway carriage and also premises of the railway. In the absence of such a provision in the statute, it would render a chaotic atmosphere inside the railway station and within the railway carriage. In such circumstances it cannot be held that the provision is arbitrary or unconstitutional,”
“The initial appreciation of the ‘state of intoxication’ only results in removal of the person, which may have to be followed by a prosecution to end in conviction… At the stage of removal from a railway carriage or from the premises, if a blood test is stipulated, the same would lead to an anomalous situation where such a test would have to be carried out within the railway carriage or inside the premises itself, even before the person is removed. Such a process is practically impossible to comply with, as the analysis of the blood may take a few hours.”
Railways Can Remove and Prosecute Drunk Passengers: Kerala HC Upholds Section 145
