Legal Principle: Even if the sovereign functions of the state are discharged negligently the state is not vicariously liable in tort. Factual Situation: 'A' was a trader in gold. He was arrested by police and was detained in the police lock up after search. The gold with him along with sundry other things were seized. Later he was discharged. His possessions seized by the police were returned, except the gold. He moved against the State in tort. I. the words of the Supreme Court, 'There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized'. One of the constables was a Muslim. He fled with gold to Pakistan. (NLU DELHI 2008)