IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.429 of 2011 Khurshid Alam @ Md. Khurshid Alam Versus The State Of Bihar & Ors. ----------- 2 21.07.2011 Heard learned counsels for the petitioner and the State. The prayer of the petitioner is for directing for release of the country and foreign liquor in favour of the petitioner which according to the petitioner was seized in connection with Barsoi (Sudhani O.P.) P.S. Case No. 84 of 2010. Learned counsel for the petitioner submits that during the course of seizure the country made liquor of the petitioner got destroyed and the foreign liquor is still under seizure. It is accordingly submitted that the seized item i.e. foreign liquor deserves to be released in favour of the petitioner and petitioner is entitled for due compensation for the loss of country made liquor. Learned counsel for the State submits that the matter with regard to the release is under consideration in the Court below which would be apparent on perusal of the order dated 01.10.2010 as contained in Annexure- 3 (series) and as regards the claim for compensation, it is submitted that the present writ proceeding is not an appropriate proceeding for determining the claim of the 2 petitioner for compensation. It is further submitted that with regard to the claim for compensation as also its quantum needs adjudication of facts. Considering the rival submissions of the parties, it is not in dispute that the prayer for release of the seized item is pending consideration in the Court below, however it appears that the same is pending for quite a long time. In the above circumstances, it is expedient in the interest of justice that the prayer of the petitioner for release of the foreign liquor be disposed of expeditiously within a period of three months on receipt/production of the certified copy of the present order. As regards the claim for compensation, it will be open for the petitioner to approach the appropriate forum in an appropriate proceeding. The writ application accordingly stands disposed of. Let the order be communicated to the Court of Chief Judicial Magistrate, Katihar through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha, J.)