Kochi : The high court has upheld the railway servants’ power to remove an intoxicated person from a train or any part of the railway premises, observing that such a measure is necessary to maintain public order and safety and ensure the comfort of other passengers.
The absence of such a statutory provision could lead to a chaotic atmosphere at railway stations and inside railway carriages, the bench of Justice Bechu Kurian Thomas remarked while dismissing a petition challenging the constitutional validity of Section 145 of the Railways Act, 1989. The petition was filed by the managing director of a tour and travel company in Ernakulam, who alleged that the provision violates Articles 14, 19 and 21 of the Constitution. Section 145 empowers railway officials to remove a person found in a state of intoxication from a train or railway premises. The court also referred to a 2023 railway ministry security circular identifying nearly 50 signs of intoxication based on a person’s appearance, speech, attitude and behaviour.
Criminal proceedings would be initiated only if the medical test confirmed intoxication. You Can Also Check: Gold Rate in Kochi | Silver Rate in Kochi | Bank Holidays in Kochi | Public Holidays in Kochi Stay updated with the latest Kochi news.
The petitioner contended that the expression “in a state of intoxication” is not defined under the Act and argued that a person who has merely consumed alcohol cannot be removed or compelled to discontinue the journey. He submitted that he occasionally consumes alcohol in small quantities while attending meetings and conferences and may have to travel by train without causing any nuisance to passengers or railway officials. The Railways, in its counter-affidavit, stated that the provision was enacted to maintain law and order and prevent untoward incidents and crimes on railway premises. It submitted that intoxicated persons could pose a threat to the safety and security of passengers. It further submitted that a person found to be in a state of intoxication would initially be identified through a breath analyser, following which the person could be removed from the premises and subjected to a medical examination. The court observed that, at the stage of initial removal, a railway servant could assess intoxication using a breath analyser. Insisting on a blood test before removal would be impractical, as such a test would have to be conducted inside a railway carriage or on the premises and its analysis could take several hours. Accordingly, the court dismissed the petition. Download the TOI App.