The plaintiff, a bullion merchant; was arrested by the police on a charge of purchasing stolen goods. Gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted, brought an action against the State for compensation. In this case compensation is:

A) Payable as there is misappropriation by servants of the State B) Payable due to the fact that the police constable escaped to foreign country C) Payable by the police constable himself and not by the state D) Not payable as the act was committed in discharge of sovereign function

Answer & Solution

Correct Answer: Option D

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