( 1 ) ON being convicted under Section 7 of the Essential Commodities Act, 1955 for contravening rule 3 of the U. P. Paddy (Restriction on Movement) Order, 1958 (hereinafter referred to as the order) by a Magistrate, the petitioners appealed before the learned Sessions Judge, Varanasi but their appeal was dismissed on 14th of April, 1961 by Sri P. S. Varma, II Temporary Civil and sessions Judge, Varanasi. Thereafter the present revision application was filed in this Court under Section 439 Cri. P. C. The matter came up before our brother Broome. The submission that was made before him on behalf of the petitioners was that the provisions of the Order and specially those of Clause 3 are ultra vires. On behalf of the State reliance was placed upon State of U. P. v. Ram Charan, 1962 all LJ 13 : (AIR 1962 All 359) where a Division Bench of this Court had held the provisions of the U. P. Wheat (Restriction on Movement) Order, 1949 to be intra vires. Broome; J. was of the opinion that there was a suggestion in 1962 All LJ 13 : (AIR 1962 All 359) (supra) that the matter requires further consideration. He also considered the instant case to be, to some extent, distinguisha