February 12, 1985.
2. The respondents are three major manufacturers of aluminium phosphide, a fumigant which is used in the storage of foodgrains. The allegation ... fact is that the respondents are the three major manufacturers of aluminium phosphide, a fumigant; there is also another manufacturer, namely, Agrosynth Chemicals, Bangalore
death of Balwinder Singh had taken place
due to intake of aluminum phosphide insecticide (grain preserving pills) and not
by accident. The post mortem report ... declared that the death of Balwinder Singh was caused by
aluminum phosphide insecticide intake vide his letter dated 10.11.2004. Since
Balwinder Singh had committed suicide
case are that the respondents are engaged in the manufacture of aluminium phosphide, zinc phosphide and phosphorous pentasulphide and filed a classification list ... classification list, the appellant claimed the classification of aluminium phosphide and zinc phosphide under Chapter sub-heading 3808.10 of the Central Excise Tariff in respect
report
First Appeal No.707 of 2011 3
dated 28.04.2009 that Aluminum Phosphide was detected in viscera of
DLA but it was wrongly held that ... dated
First Appeal No.707 of 2011 4
28.04.2009 mentioned that Aluminum Phosphide Insecticide was
detected in stomach and parts of small and large intestines
DELHI
[Suo-motu Case No. 02/2011]
Dated: 20):;
In Re:- Aluminium Phosphide Tablets Manufacturers
Order under Section 27 of the Competition ... anti--competitive acts and
conduct in the tender for procurement of Aluminium Phosphide Tablets
(ALP) required for preservation of central pool food grains by Food
inquiry officer's opinion, and the presence of alcohol and aluminum phosphide in the viscera report. This incident unequivocally qualifies as an accidental death ... herein) counters by asserting that the presence of Ethyl alcohol and Aluminium Phosphide, as indicated in the deceased's reports, clearly suggests that
death was declared to be as a result
of poisoning (aluminum phosphide-insecticide), which was sufficient
to cause the death. From the post mortem report ... both the lips, gums and teeth; which
proves that the aluminum phosphide-insecticide was taken by the
insured/deceased deliberately. The claim of the complainant
report from
the Chemical Examiner, Govt. of Punjab, Patiala
revealed that aluminium phosphide was detected in the liver, spleen and kidney
of the deceased ... sample of blood,
taken from the body of Rajesh Mehta, aluminium phosphide was found. The Insurance company repudiated the claim
vide their letter dated
proceedings revealed that the appellant had procured
4500 Kgs Aluminium Phosphide 56% for export without payment of duty.
The Central Excise Duty involved ... dated
04.12.2007, the appellant had exported 2000 Kg of Aluminium Phosphide
2
Appeal No. E/704/2011
56%. Therefore, we hold that the appellant
analysis; that on examination of
the viscera of the life insured, Aluminium Phosphide and Alcohol was
found in the body of the life insured; that ... presence of Aluminium
Phosphide and Alcohol in the body of the life insured indicate that he
was murdered or committed suicide; that the life insured
