Judgment P.K.Deb, J. 1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order taking cognizance dated 26.11.1991 under Section 7 of the Essential Commodities Act in connection with Tamar PS Case No. 24/91 by the Special Judge (E.C. Act), Ranchi. 2. The prosecution was lodged on the basis of a written report given by Shri Kamla Ram, Block Supply Officer of Tamar Block. M/s. Khanjan Das a wholesale dealer of Kerosene oil used to distribute Kerosene oil to the fair price shop dealers every month and for the said purpose used to bring the Oil Tankers to the Block headquarter where-from dealers from different Panchayats used to take delivery. It is the allegation that on 7.3.1991 at about 3 p.m. a Oil Tanker was brought by the petitioner to the Block office compound where most of the dealers were supplied Kerosene Oil, but one drum of 200 liters of Kerosene Oil was sold and delivered at about 3 p.m. to a dealer in the name of Shri Pradeep Kumar Sahu but the said oil in the drum had been measured on some suspicion being raised and on re-measurement at 4.30 p.m. it was found that the drum contained only 186 liters Kerosene Oil, when it ought to have contained 200 liters. The measurement was made by a container (Bartan) of 500 ml. When the oil was found short then for the purpose of prosecuting the petitioner the report was lodged by Shri Kamla Ram, Block Supply Officer, as mentioned above. 3. On the basis of the written report, Tamar PS Case No. 24/91 was registered and after completion of investigation, charge-sheet was submitted under Section 7 of the E.C. Act. 4. It is the submission of the petitioner that on the basis of the charge-sheet, without any application of mind, the learned Special Judge (E.C. Act), Ranchi had taken cognizance against the petitioner. The prosecution and the cognizance had been challenged by the petitioner on several grounds, namely, that the drum has some holes or leaks which were being repaired by use of washing shop and in the process of transportation those leaks might have opened up the holes and Kerosene Oil might have been leaked out. The prosecution and the cognizance had been challenged by the petitioner on several grounds, namely, that the drum has some holes or leaks which were being repaired by use of washing shop and in the process of transportation those leaks might have opened up the holes and Kerosene Oil might have been leaked out. Besides that the main contention of the petitioner is that the way the re-measurement was made was totally an unscientific one as by a small container of 500 ml. 200 liters of Kerosene Oil were being measured which means that atleast 400 times the small container was being used for the purpose of re-measurement. In the process of such measurement, there is every possibility of droppage or in the form of wastage of Kerosene Oil would be there and as such small quantity of 14 liters found short, cannot be said to be shortage as required for the purpose of prosecution. 5. Mr. P.D. Agrawal, appearing on behalf of the petitioner has supported his contention on the basis of a Division Bench Judgment of this Court as Madan Prasad Choudhary V/s. State of Bihar, 1984 PLJR 888. In this case also shortage of coal was found in the process of re-measurement and the prosecution was lodged under Section 7 of the E.C. Act. In total there was 20 quintals of coal but on re-measurement by means of a small basket, 40 Kg. shortage was detected. It was held by the Division Bench that in the process of such re-measurement by a small basket, there is every possibility of error in measurement in every such stroke of the basket from the container and the totality may come to an amount which may look like a big one. It was further held by the Division Bench that when unscientific method is used for the purpose of measurement then there remains every doubt about the accuracy of the measurement and on such ground the criminal prosecution cannot stand. In that case also the prosecution was held to be bad. 6. In the present case when 400 strokes were used for the purpose of re-measurement by a small container of 500 ml. then there was every possibility of inaccuracy of the measurement. Moreover only 14 liters were found to be short in the drum when there were 200 liters of kerosene oil to be contained in that drum. 7. 6. In the present case when 400 strokes were used for the purpose of re-measurement by a small container of 500 ml. then there was every possibility of inaccuracy of the measurement. Moreover only 14 liters were found to be short in the drum when there were 200 liters of kerosene oil to be contained in that drum. 7. Thus, on the principle being enunciated by the Division Bench, the petitioner has got a good case, besides case of other grievance such as the case is not maintainable under the E.C. Act but a fit case to be prosecuted under the Weights and Measurement Act and the leakage etc. as mentioned. Moreover, if we apply the principle of slight harm to the Society or the individual as contemplated under Section 95 of the IPC then for the prosecution of a case of long back of 1993, I feel that it would be a sheer abuse of the process of the Court to continue with the criminal proceedings as mentioned above. 8. Hence, this petition is hereby allowed and the entire criminal proceedings in Tamar PS Case No. 24/91 before the Special Judge (E.C. Act) Ranchi is hereby quashed.