Manjula Chellur, J :-

By virtue of an order dated 12.3.2010, the matter is referred to Division Bench for decision. In the present case, whether the action of the authorities of the respondent- State following the provisions of Karnataka Essential Commodities (Public Distribution Control) Order, 1992 (hereinafter referred to as 1992 Order' for short) is repugnant and therefore contravenes the provisions of Public Distribution System (Control) Order, 2001 (hereinafter referred to as 2001 Order' for short) of the Central Government has to be seen.

2. The brief facts that lead to referring the matters to the Division Bench by the learned Single Judge are as under:

On 15.10.2009 at about 10 a.m. near Metikurke forest on N.H.-4 within the jurisdiction of Chitradurga district, the Police of Hiriyur seized 350 bags of rice alongwith two lorries bearing Registration Nos. KA-12-A-0479 and KL-13-R-994. FIR came to be lodged by the concerned Circle Inspector of Police, Hiriyur and accordingly Crime No. 435/2009 came to be registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act (Act for short) and so also Section 420 of IPC, Subsequent to the sei