ORDER Yorke, J. - This is a reference made by the Sessions Judge of Jhansi for setting aside a conviction of two persons for an offence under R. 81 (4), Defence of India Rules by reason of the contravention by the applicants of the provisions of cl. 14, Central Government's Cotton Cloth and Yarn Control Order of 1943. The learned Sessions Judge has recommended the setting aside of that order on two grounds : Firstly that there was no publication of the Control Order within the meaning of R. 119, Defence of India Rules, and secondly that the plea of guilty which was accepted by the learned Magistrate was not really a plea of guilty. So far as the second point is concerned, it does not seem to me that there is any force in it at all. The applicants knew what the charge against them was and they tried to plead guilty. The trial was a summary trial and the plea was duly recorded and there is no justification for going behind that plea. 2. The only ground for going behind the plea of guilty might be the first ground relied upon by the learned Sessions Judge, namely, the ground that the publication of the Cotton Cloth and Yarn Control Order in the Government of India Gazette did not constitute such a publication as is required by R. 119, Defence of India Rules. The learned Magistrate has not referred to any cases, but he says that there may be presumed to have been a publication in the Gazette, but that does not satisfy the provisions of the section. He might possibly have referred to three cases of this Court, two of them decided by Mulla, J. and one by Waliullah, J. but the two cases decided by Mulla, J. were both of them in reference to orders made by District Magistrates and not to orders made by the Government of India published in the Official Gazette. On the other hand, in Emperor Vs. Akbar and Others, AIR 1946 All 223 Waliullah J. has held that although there was a publication in the Official Gazette, the mere publication in the Official Gazette cannot be held to comply with the provisions of R. 119. On the other hand, in Emperor Vs. Akbar and Others, AIR 1946 All 223 Waliullah J. has held that although there was a publication in the Official Gazette, the mere publication in the Official Gazette cannot be held to comply with the provisions of R. 119. The presumption, therefore, that the persons concerned must be deemed to have been duly informed of the order (in that case the U.P. Cattle, Sheep and Goat (Slaughter) Control Order, 1943) does not arise and therefore the accused could not be convicted for any contravention of the Control Order. This question of the effect of publication of such an order, specifically in the particular case, Cotton Cloth and Yarn Control Order, 1943, was considered by the Patna High Court in Mahadeo Prasad Jayaswal Vs. Emperor, AIR 1946 Patna 1 where it was held by the Full Bench that the Cotton Cloth and Yarn Control Order 1943, which was published in the Government of India Gazette was duly published according to law, so as to affect the persons concerned with notice of the order. In the first head-note the matter is shortly stated thus: Mahadeo Prasad Jayaswal Vs. Emperor, AIR 1946 Patna 1 It is a well known practice of the Central and Provincial Governments to publish their Acts and Notifications in their Official Gazettes. Therefore when an order passed by the Central or the Provincial Government is published by it in the Official Gazette it may be presumed that the Government while publishing the order was aware of the provisions of R. 119 (1) and the publication was made in compliance with all its provisions including the provision as to the determination of the most suitable form of publication. 3. It, of course follows from this that the persons affected by the order are to be deemed to have been duly informed of the order. With great respect that is in accord with my own view, and on the strength of this decision, I think that I am justified in differing from the view taken by my brother Waliullah, J. in Emperor Vs. Akbar and Others, AIR 1946 All 223 referred to above. I accordingly reject this reference.