( 1 ) THESE two References under Section 438 Criminal Procedure Code are by the learned Sessions Judge of Burdwan, both made by him on the same date in respect of two orders of conviction and sentence passed by the same Magistrate of Assansol in two trials said to have been held in what has been described as "mobile Court" over which that learned Magistrate presided. The two cases have been heard together as they raise same questions of law.

( 2 ) IT appears from the letters of reference and also from the uncontroverted facts stated in the petitions made by the convicted persons before the learned Sessions Judge that on 7th February, 1963, a Magistrate Sri M. Chanda who was said to be the Sub-divisional Magistrate of Asansol was holding a Mobile Court on the road side. There in nothing however either in the orders or whole of the records to show that the said learned Magistrate was the sub-divisional Magistrate on either of the two dates of the two trials.

( 3 ) IN Reference No. 26 it appears that 013 22nd January, 1963, the two accused persons in that case were the driver Raghuram and Conductor Bhaskar Nayak of a passenger-motor-bus plying on the route. That bus