Court's Power to Indemnify Lost Property: State Ordered to Compensate Complainant for Stolen Items

The Court held that it has the power to indemnify the owner of property lost while in its custody. In a case involving stolen ornaments and cash, the Court ordered the State to pay the complainant Rs. 10,000 as the cash equivalent of the lost property. The judgment clarified that the Court's control over property extends to cases where the property is not physically in its possession but under its direction, emphasizing the State's responsibility in safeguarding property under its custody.

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Issues Involved:
The judgment deals with the powers of the Court in indemnifying the owner of property lost while in custody of the Court.

Summary:

Issue 1: Custody of Stolen Property
The theft of ornaments and cash from the complainant's house led to a legal process where the stolen articles were recovered by the police, produced before the Court, and then retained by the Sub-Inspector under the Court's directions. The Court's control over the articles established them as custodia legis.

Issue 2: Court's Power in Indemnification
The Court has the authority to order the return of stolen property or payment of its equivalent value if the property is lost, stolen, or destroyed. In this case, the Court found the complainant entitled to the cash equivalent of the lost property, amounting to Rs. 10,000, which the State was directed to pay.

The judgment emphasizes that the Court's control over property extends to cases where the property is not physically in its possession but under its direction. It clarifies that the Court can order payment of the value of lost property if the State fails to protect it adequately. In this instance, the Court ordered the State to compensate the complainant for the lost property's value, highlighting the State's responsibility in safeguarding property under its custody.

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