Judgement

FAZAL ALI, J. - This appeal by special leave raises a short point of law regarding the power of the Court in indemnifying the owner of the property which is destroyed or lost whilst in custody of the Court.

2. It appears that a theft took place in the house of the complainant/appellant on the night of 28/29 November, 1958 in the course of which a large number of ornaments and cash etc. were stolen from the possession of the complainant/appellant. On February 8, 1959 a number of stolen articles were recovered from accused Nos. 1 to 5 and various panchnamas evidencing recovery of those articles were prepared. On February 10, 1959 the articles sized by the police from the possession of the accused were identified by the complainant at a test identification parade and ultimately a charge-sheet was submitted against the five accused on February 20, 1959. The articles were produced before the Court of the Chief Judicial Magistrate who directed the police officer concerned to retain the articles in his custody until the same were verified and their value was determined by a goldsmith. The Court moved the higher authorities for obtaining sanction of the necessary funds for payment