SUPREME COURT OF INDIA

Before:- B.N. Kirpal and M.B. Shah, JJ.

Civil Appeal No. 2110 of 1989 (Cri. Appeal Nos... of 2000) (arising out of SLP(Cri.) Nos. 934 of 1993, 2883 of 1994 and ... of 2000; Cri. M.P. No. 1564 of 1993). D/d. 20.1.2000.

Food Corporation of India - Appellant

Versus

Bihar State Agricultural Market Board and others - Respondents

Bihar Agricultural Produce Markets Act, 1960, Section 27 - Levy of market fee - Market fee on sugar sold by Food Corpn. of India - Not payable by FCI.

[Paras 1 and 5]

Cases Referred :-

Belsund Sugar Co. Ltd. v. State of Bihar, 1999 (4) Scale 516.

JUDGMENT

The question involved in this case is whether on levy sugar which is sold by the appellant market fee is payable or not. This matter stands concluded in favour of the appellant by a Constitution Bench judgment of this Court in Belsund Sugar Co. Ltd. v. State of Bihar, 1999 (4) Scale 516. The appeal is, accordingly, allowed. No costs.

2. This order, as it had been done in Belsund Sugar Co. Ltd. (supra), will be effective prospectively and no refund of fee would be payable by the respondents to the appellant nor any further fee will be payable to the respondents by the appellant.

3. Delay condoned.

4. Special leave granted.

5. The prosecution which has been initiated against the appellants is quashed in view of the decision of a Constitution Bench in Belsund Sugar Co. Ltd. v. State of Bihar, (supra).

6. The appeals are, accordingly, allowed.

7. No costs.

Appeals allowed.