G.S.Singhvi, J.

1. This appeal has been placed before us in view of the order dated 8th October, 1997 passed by the Division Bench for deciding the following question of law :-

"Whether Clause 19 of the Fertilizers Control Order, 1985 is violative of Articles 19 and 21 of the Constitution of India ?"

2. At the hearing, learned Deputy Advocate General pointed out that the order dated 16th September, 1996 passed by the learned Single Judge (with the title case - Tarsem Singh v. Union of India and others, 1996(3) Recent Criminal Reports 633 vide which he allowed a bunch of writ petitions including C.W.P. No. 7566 of 1996 Narinder Pathak v. Union of India & others filed by respondent No. 1 and struck down Clause 19 of the Fertilizers Control Order, 1985 (hereinafter described as `the 1985 Order) by declaring it to be ultra vires to Articles 19 and 21 of the Constitution of India and also quashed the criminal cases registered against the writ petitioners under Section 7 of the Essential Commodities Act, 1955 (for short, the Act) has been reversed by the Division Bench in L.P.A. No. 1039 of 1996 - The Director, Agriculture, Punjab and others v. M/s Gurmukh Mal Shibba Mal, 1997(4)