Steel Authority of India Ltd. Vs. State of Orissa and ors. - Court Judgment

Excerpt:

- sections 8 & 18: [k.g. balakrishnan, cji, p. sathasivam & j.m. panchal, jj] recovery of 2.10 kgs of opium and 8 kgs of dodachura found for possession of two accused -appellants sold opium to other accused and same had been admitted by them - however, quantity sold by appellants not proved - no evidence that they were dealing with any commercial quality held, sentence was reduced to the period already undergone by appellants. order1. delay condoned.2. leave granted.3. in terms of our order dated 18th january, 2008, and in terms of the judgment of the division bench of this court in the case of national mineral development corporation ltd. v. state of m.p. and anr. reported in : 2004 (6) scc 281, the matters stand remitted to the high court to decide on the question of computation of royalty which has not been considered in the impugned judgment. the impugned judgment is accordingly set aside and the matters are remitted to the high court to be decided in accordance with law.4. the appeals are accordingly allowed with no order as to costs.

Judgment:

ORDER

1. Delay condoned.

2. Leave granted.

3. In terms of our Order dated 18th January, 2008, and in terms of the judgment of the Division Bench of this Court in the case of National Mineral Development Corporation Ltd. v. State of M.P. and Anr. reported in : 2004 (6) SCC 281, the matters stand remitted to the High Court to decide on the question of computation of royalty which has not been considered in the impugned judgment. The impugned judgment is accordingly set aside and the matters are remitted to the High Court to be decided in accordance with law.

4. The appeals are accordingly allowed with no order as to costs.