Judgment S. B. Sinha, J. 1. This application is directed against an order dated 7-9-1987 passed by the Special Judge (E. C. Act), Palamau in C. C. No.4/87 whereby and whereunder the said learned Court took cognizance of an offence against the petitioner under Sec.7 of the E. C. Act. 2. It appears that allegation has been made that informent got some bags of wheat and rice in his Flower mill for crushing the same. 3. Mr. Sumir Prasad, learned Counsel appearing on behalf of the petitioner has brought to my notice, a notification, issued by the State of Bihar being GSR No.57, dated 10-11-1986, whereby and whereunder the State of bihar with prior, concurrence of the Central Government amended Bihar Trade articles (Licences Unification) Order, 1984. In terms of the aforementioned notification restriction on storage limit as contained in the Notification No. GSR 49 dated 17th October, 1985 issued under the Bihar Trade Articles (Licences unification) Order, 1984 in relation to wheat and rice was removed, 4. It is now well settled by various decisions of this Court as also of the supreme Court that in order to proceed as against person for violation of the unification Order, fixation of storage limit of trade article is a sin-qua-non. 5. In Rajesh Trading Co. V/s. State of Bihar, reported in 1988 PLJR 463, it has been held by this Court thus unless the storage limit of the Trade Articles is fixed, no offence can be said to have been committed under the provision of the aforementioned order. The aforementioned decision of the Division bench of this Court has been approved by the Supreme Court in State Cooperative marketing Union Ltd. V/s. State of Bihar and others, reported in 1988 pljr 44 (SC ). 6. The aforementioned GSR No.49, dated 17-10-1985 was published fixing storage limit of the Trade Articles in terms of Clause 18 of the Unification order. 7. By reason of the aforementioned notification as contained in GSR no.57, dated 10-11-1986 the storage limit has again been removed on rice and wheat and thus, in my opinion the decision in Rajesh Trading Co. s case (supra)and State Co-operative Marketing Union Ltds, case (supra) are attracted in this case also, 8. In this view of the matter, this application is allowed and the impugned order 9-7-1987 is hereby set aside. Application allowed.