JUDGMENT S.C. Majumdar, J. 1. This is an application under Ss. 397 and 401 read with S. 482 of the Code of Criminal Procedure against an order and judgment dated 14th May, 1977 passed by Sri S.N. Banerjee, Sessions Judge, Nadia by which he affirmed the order of conviction and sentence under S. 7(1)(a) (ii) of the Essential Commodities Act, 1955 and the sentence to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/- in default to suffer rigorous imprisonment for a further period of one week as passed by Sri S.P. Dutta, Sub-Divisional Judicial Magistrate, Ranaghat on February 28, 1977 in D.E.B.G.R. Case No. 84 of 1975. 2. It is the case of the petitioner that he is a cultiyator and he was assessed with levy of 4 quintals 12 kilograms of paddy. The petitioner made a representation against the order and Block Development Officer, Chakdah intimated him that the final assessment of paddy was 2 quintals and 8 kilograms which he was to deliver by 18.2.1975. The petitioner was served upon with this copy of the order under Certificate of Posting and the petitioner delivered 2 quintals and 6 kilograms of paddy to Balia Co-operate Multipurpose and Marketing Society for which he was given a receipt no. A-946 and the default of the petitioner was only to the extent of 2 kilograms. 3. The defence of the petitioner was that the order imposed upon him was substantially complied with and there was no violation of the statute on account of the marginal default. We considered the submission of the petitioner. The maxim de minimis non curat lex is one which is to be applied in this case. The maxim de minimis non curat lex lays down that law does not take notice of marginal defaults. The marginal defaults are deemed to have been cured in this particular case. 4. If the petitioner had menserea of disobeying the order of levy he would have disobeyed it in toto. But the fact he bas delivered 2 quintals 6 kilograms as against 2 quintals 8 kilograms goes to show that he had a mind to comply with the order and not to disobey it. Hence de minimis non curat lex will apply in all force in this case. 5. But the fact he bas delivered 2 quintals 6 kilograms as against 2 quintals 8 kilograms goes to show that he had a mind to comply with the order and not to disobey it. Hence de minimis non curat lex will apply in all force in this case. 5. Hence it is ordered that the application be allowed and the order of the learned Sessions Judge upholding the order of the learned Sub-Divisional Judicial Magistrate, Ranaghat be quashed. The accused be discharged from his bail bond. I agree. Order quesed.