‘A’, a police constable recovered two gold bars from an arrested accused. The police constable was not found afterwards. The arrested person was released from jail since he was found not guilty. He claimed the gold bars from the government. Will he succeed?
Police administration is a sovereign function of the State. These are the functions that can be carried on only by the Government and not by Private individuals. The Government runs these departments mainly on the basis of service motive.
There is no profit earning principle involved in the exercise of sovereign functions. The Government is not liable for any tortious act committed by its servants. E.g.: military, police, prison, etc.
In the given case, since the police constable is involved in the sovereign function of the government, there is no State liability for tort for any wrongful act committed by any police in discharge of his duties. The facts of the problem resemble that of the facts in the famous case of Kasthurilal vs. State of U.P.