P.K.Deb, J.

1. The petitioners are the accused in Gamharia P.S. Case No. 67 of 1992 (G.R. Case No. 33 of 1992) under Sec. 7 of the Essential Commodities Act. In this writ petitions, the petitioners have prayed for grant of appropriate writ for declaration that licence is not required by an Oil Miller under the provision of the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter to be referred to as the Unification Order) and consequently in violation of the terms and conditions of the licence cannot attract any criminal prosecution under Sec. 7 of the Essential Commodities Act.

2. Petitioners No. 1 and 2 are the partners of M/s. Shree Gopal Gil Mills, Gamharia, and petitioners No. 3 is their Munim. Shree Gopal Oil Mills is carrying on business of milling and manufacturing of edible oils and they were selling the product to the whole-sellers through commission agent or to the bulk consumer. The Mill/factory has been granted a licence under the Indian Factories Act. It is the further case of the petitioners that on the threat of prosecution they had been pressurised to obtain a wholesale license vide License No. 60 of 1985 under the Unification order. The Res