JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent of learned counsel for both the parties, heard finally at the admission stage.

2. This Criminal Revision Application is directed against the order of ‘issue of process’ passed by the Additional Chief Judicial Magistrate, (Corporation Court), Aurangabad in RCC No. 41 of 2018.

3. The applicant is a Medical Whole-seller having shop in the name and style as “M/s. NTMED Pharmaceutical, Shop No. G-7-B and 8-B, Kasliwal Market-B, Mukundwadi, N-2, CIDCO, Aurangabad. He is doing the business of stock for sale and distribution of drugs. On 30.09.2016, the complainant (respondent No. 2) visited the premises of the applicant for the purpose of drawing the sample. Accordingly, he has drawn the sample of Rabeprazole and Domperidone Capsules “NTDOM-DR” B. No. AC1601287, D/mfg. 01/2016, D/Exp. 12/2017, manufactured by Accura Health Care Pharmaceuticals Pvt. Ltd, village Moginand, Nahan Road Kala Amb. Dist. Sirmour (Haryana), 173030, vide Invoice No. 0077 dated 19.01.2016 and invoice No. 00118 dated 10.02.2016, through TCI, Transport in the name of original accused No. 8. As per the procedure laid down in the Drugs and Cosmetics Act, 1940