The court has the power to direct the release of a confiscated vehicle pending appellate proceedings if it is in the interest of justice.

JUDGMENT

Battu Devanand, J. - Heard Sri K.Dheeraj Reddy, learned counsel appearing on behalf of Sri K.D.Prasanna Kumar, learned counsel for the petitioner on record and the learned Government Pleader for Prohibition and Excise appearing for the respondents and perused the material available on record.

2. With the consent of both sides, this Writ Petition is disposed of at the stage of admission.

3. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle i.e., Mahindra XUV Car registered bearing No.OD02-BR-7482. The said vehicle was seized by the 4th respondent on 17.09.2021 alleging illegal transportation of some liquor bottles in it and registered a case in Cr.No.589 of 2021 under the provisions of the andhra Pradesh Excise act, 1968. Subsequently, a show cause notice dated 11.10.2021 issued to the petitioner. as the petitioner failed to submit his explanation, the 3rd respondent basing on the material available on record passed order on 06.12.2021 confiscating the seized vehicle. aggrieved by the confiscation order, the petitioner preferred an appeal before the 2nd respondent on 24.12.2021 and along with the appeal, the petitioner filed an application seeking release of the vehicle for interim custody pending disposal of the appeal. as the vehicle was not released for interim custody, the present Writ Petition has been filed.

4. Learned counsel for the petitioner submits that the petitioner could not submit explanation to the show cause notice dated 11.10.2021 due to the reason that the said notice was received by the petitioner after stipulated period. Learned counsel also submits that the petitioner made an application before the Special additional Judicial Magistrate of First Class-cum-Prohibition and Excise Court at Kurnool for release of the vehicle pending confiscation proceedings instead of filing an application before the 3rd respondent, who is the competent authority.

5. Learned counsel appearing for the petitioner further submits that aggrieved by the order of the 3rd respondent dated 06.12.2021 confiscating the seized vehicle, the petitioner preferred an appeal before the 2nd respondent and along with the appeal, the petitioner filed an application seeking release of the vehicle for interim custody pending appeal proceedings. The 2nd respondent did not consider the application for release of the vehicle for interim custody.

6. Learned counsel further submits that the vehicle is kept in the police station since 17.09.2021 i.e., from the date of the seizure of the vehicle in the premises of the 4th respondent police station. The vehicle is being damaged due to exposure to sun and rain and if the vehicle is not released, it will loose its roadworthiness and requested to direct the 2nd respondent to pass orders on the interlocutory application field by the petitioner along with the appeal.

7. Learned assistant Government Pleader for Prohibition and Excise appearing for the respondents on instructions submits that the appeal filed by the petitioner on 24.12.2021 and immediately on 04.01.2022, this Writ Petition is filed for release of the vehicle for interim custody. The respondents have to assess the value of the vehicle through concerned RTa people and without ascertaining the value of the vehicle, it is not possible to consider the application filed by the petitioner along with the appeal.

8. Having heard the submissions of the respective counsels and upon perusal of the material available on record, this Court noted that there is no dispute with regard to the seizure of the vehicle or passing confiscation order by the 3rd respondent and also filing of the appeal before the 2nd respondent. The only issue to be considered in this Writ Petition is to direct the 2nd respondent to release the confiscated vehicle in favour of the petitioner pending appellate proceedings.

9. This Court satisfied with the submission of the learned counsel for the petitioner that the vehicle will be damaged due to