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For appreciation of the second aspect of the matter regarding sampling of the seeds not having been done in accordance with the provisions of the Seeds Act, the relevant provisions of the Seeds Act and the Seeds Rules need to be considered. The relevant provisions prescribing the procedure for sampling of the seeds are quoted herein under.

Section 15 of the Seeds Act reads as under:-

(1) S.B. Criminal Misc. Petition No. 554/2009 (Gauri Shanker & ors. Vs. State of Rajasthan ) (2) S.B. Criminal Misc. Petition No. 555/2009 (Gauri Shanker & ors. Vs. State of Rajasthan) "Section 15.-Procedure to be followed by Seed Inspectors.-

A perusal of Section 15 of the Seeds Act and rules 24, 25 and 26 of the Seeds Rules clearly disclose that there is a mandatory procedure prescribed under these rules regarding the manner in which the samples of the seeds are to be packed. The essence of the procedure is that the samples should be taken in such a manner so as to prevent them from being exposed to (1) S.B. Criminal Misc. Petition No. 554/2009 (Gauri Shanker & ors. Vs. State of Rajasthan ) (2) S.B. Criminal Misc. Petition No. 555/2009 (Gauri Shanker & ors. Vs. State of Rajasthan)

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moisture or Sunlight. The procedure is thus prescribed because of the reason that if the seeds are exposed to moisture and Sunlight then the germination capacity is bound to be reduced and that is why there is a specific method provided for packing of the samples under the Seeds Rules so that the exposure of the samples to the moisture and Sunlight is avoided. The essence of the procedure is to ensure that the moisture does not enter into the samples of seeds after the same have been taken. The relevant para in both the complaints regarding the sampling procedure carried out is reproduced hereinbelow:-

As has been mentioned above, admittedly, in the present case, the samples have not been taken in accordance with the mandatory provisions of the Seeds Rules. The procedure which has been prescribed for taking of seed samples as per the aforesaid rules is mandatory in nature. All the three rules (rules 24 to 26 of the Seeds Rules) begin with the word "shall" before the procedure of taking the sample is laid down and as such once there is deviation from the specific mode prescribed for taking the samples then in such an event, if any report of the Seeds Analyst is received on the basis of the samples taken in violation of the rules, such a report cannot be read against the person from whom the sample was taken. This Court, in Dhiraj Mal & ors. Vs. State of Rajasthan, 2004 (2) Cr.L.R. 1412 had an occasion to deal with the effect of not conforming to the procedure prescribed for taking the samples. In a case of Essential Commodities Act relating to sampls of petrol and diesel the Hon'ble Court held that once there was a breach regarding the manner in which the sample was to be taken, then the FIR could not be permitted to be continued and (1) S.B. Criminal Misc. Petition No. 554/2009 (Gauri Shanker & ors. Vs. State of Rajasthan ) (2) S.B. Criminal Misc. Petition No. 555/2009 (Gauri Shanker & ors. Vs. State of Rajasthan)