JAGDISH SAHAI, BROOME, MANCHANDA AND PATHAK, JJ. : We are in agreement with the conclusions drawn by the learned Chief Justice. It was strenuously contended by Mr. Khare that the Full Bench has been wrongly constituted inasmuch as the judgment of B.D. Gupta, J. has been affirmed by a Division Bench of this Court consisting of V.G. Oak and Seth, JJ.; but now that a Full Bench has been constituted, we do not think it is for us to enter into the question of the propriety of the constitution of this Bench.

DESAI, C. J. : This and connected special appeals are from a judgment of B.D. Gupta, J. allowing the respondents petitions and directing the appellants to release forthwith the entire quantities of foodgrains seized by them under paragraph 18 of the Uttar Pradesh Foodgrains (Control, Requisition and Distribution) Order, Order, 1963. Under S. 3 of the Defence of India Act the Central Government was authorised to make rules for securing the defence of India and civil defence, the public safety and the maintenance of public order or for maintaining supplies essential to the life of the community and in particular rules providing for or empowering authorities to make orders provi