Nitia @ Nityananda Sahoo and Others vs State of Orissa

L. Mohapatra, J.—Heard Learned Counsel for the Appellants and the learned Addl. Standing Counsel.

Perused the evidence adduced before the trial Court as well as the findings. From the post-mortem examination report as well as chemical examination report, it appears that the death was due to ethyl alcohol. It is contended by the Learned Counsel for the Appellants that ethyl alcohol is not poison and cannot cause death. He has referred to cox jurisprudence. In Medical Jurisprudence and Toxicology (Cox Jurisprudence) alcohols have been described in the following manner. It is stated therein that out of a number of chemical substances known as alcohols (organic substances bearing - OH group), only Ethyl alcohol is consumed by human being in the form of various drinks (alcoholic drinks). Methyl alcohol is not fit for human consumption and is found as impurity in a number of cheap alcoholic drinks. The term "alcohol" always means ethyl alcohol.

In view of the above, and on consideration of nature of allegation made by the prosecution, I am of the view that the Appellant No. 1 Nitia alias Nityananda Sahoo is entitled to bail. Accordingly, it is directed that he be released on bail by the trial Court in S.T. No. 44/579 of 2002/1996 on such terms and conditions as the trial Court may deem just and proper.

The Misc. Case is disposed of.