JUDGMENT : Pankaj Bhandari, J. Petitioners have preferred this miscellaneous petition against the order dated 19.08.2008 whereby the Court has taken cognizance under Section 7/19 of the Seeds Act, 1966. (hereinafter referred to as "the Act") 2. It is contended by counsel for the petitioner that in the complaint itself it is mentioned that the samples were not taken in cloth bag which is contrary to the Act, and the rules. My attention has been drawn towards Section 15 of the Act and rule 24 of the Rules. It is also contended that there is no whisper in the complaint as to how the present petitioners are responsible to the company for the conduct of the business of the company. 3. Public Prosecutor has opposed the miscellaneous petition. 4. I have considered the contentions and perused the complaint as well as the relevant provisions of the Act, and the Rules. Clause (b) of sub-Section (1) of Section 15 provides for taking of three representatives sample in the prescribed manner Rule 24 of the Rules provides for the manner of taking samples the same reads as under:- "24. Manner of taking samples.- Samples of any seed of any notified kind or variety for the purpose of analysis shall be taken in a clean dry container which shall be closed sufficiently tight to prevent leakage and entrance of moisture and shall be carefully sealed." 5. From the above it is evident that the sample of Seeds is mandatorily required to be taken in a clean dry container which can be closed sufficiently tight to prevent leakage and entrance of moisture. Such contents is further required to be carefully sealed. 6. In Gauri Shanker and Ors. v. State of Rajasthan, 2012(1) RCC (Rajasthan) 191 Rajasthan High Court was dealing with case where samples were taken in a cloth bag. The High Court held it to be a gross violation of the mandatory provisions of Section 15 and rule 24 to 26 and quashed the proceedings. 7. In the present case in hand also the samples were taken in a cloth bag thus violating Section 15 of the Act and Rule 24 of the Rules. The petition therefore deserves to be allowed and the proceedings pending before the Court below deserves to be quashed. 8. Consequently the miscellaneous petition is allowed. 7. In the present case in hand also the samples were taken in a cloth bag thus violating Section 15 of the Act and Rule 24 of the Rules. The petition therefore deserves to be allowed and the proceedings pending before the Court below deserves to be quashed. 8. Consequently the miscellaneous petition is allowed. The proceedings pending before the Court below in criminal complaint No. 902/2008 are quashed. The stay application stands disposed of.