( 1 ) THE applicant has been convicted of an offence under Section 4, D. P. Prevention of adulteration Act, and sentenced to a fine of Rs. 200. He was tried summarily. His conviction is based on his own plea and not upon any evidence produced in the case. There is no note on the record of the case about what was stated by the applicant beyond "pleads guilty. "

( 2 ) THE applicant applied in revision to the Sessions Judge of Agra which was heard by the learned Additional Sessions Judge of that place. It was contended before him that the applicant did not admit before the learned Magistrate that he had committed the offence of which he was accused and that the learned Magistrate had wrongly construed his statement as a plea of guilty. According to the applicant, the learned Magistrate only asked whether the Inspector had taken sample from the oil and the applicant replied in the affirmative, adding that it was meant for burning purposes. The learned Additional Sessions Judge is of the opinion that the learned magistrate has not followed the procedure paid down by Sections 242 and 243, Criminal P. C. , and has, therefore, referred the case to this Court, with the recommendatio