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Judgment
B.N. Kirpal, J.
Civil Appeal No. 2110 of 1989
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 The Belsund Sugar Co. Ltd. Vs. The State of Bihar and Others Etc., The appeal is, accordingly, allowed. No costs.
This order, as it had been done in The 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.
Criminal Appeal Nos. 70, 71 and 72 of 2000
Delay condoned.
Special leave granted.
The prosecution which has been initiated against the appellants is quashed in view of the decision of a Constitution Bench in The Belsund Sugar Co. Ltd. Vs. The State of Bihar and Others Etc.,
The appeals are, accordingly, allowed.
No costs.