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2002 Supreme(Pat) 1084

RAVI S.DHAVAN, R.N.PRASAD
Prabhat Zarda Factory (India) Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ravi S.Dhavan, J.

1. The petitioners process and trade in tobacco.

2. The petitioners seek reliefs that a writ be issued and it be declared that the Market Committee, functioning under the Bihar Agricultural Produce Market Act, 1960 and the Bihar Agricultural Produce Market Rule, 1975 may not apply to the product they process and trade in, that is to say, tobacco of Zafrani Zarda All things considered, ultimately the controversy in these cases will not be able to avoid three cases of Supreme Court. These are :

1. 1996(9) SCC 681 : Sasa Musa Sugar Works and Ors. V/s. State of Bihar and others

2. 1999(9) SCC 620 : Belsand Sugar Co. Ltd. V/s. State of Bihar and ors. [1999 (3) PLJR (SC) 93].

3. 2000(6) SCC 264 : Edward Keventer Pvt. Ltd. V/s. Bihat State Agricultrual Marketing Board and ors.

3. The Court mentions this at the outset because any case which may have been cited by the respondents in their defence to counter the arguments of the petitioner are cases prior to cases decided by the Supreme Court.

4. The issue in the present petition is as to when the market fee became leviable on products known as "(Zarda), (Zafrani zarda vagairah).

5. This judgment may be taken as a s











































































































































































































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