DHAVAN, J. :- This is an appeal by the State of Uttar Pradesh from the concurrent decisions of the Courts below decreeing the plaintiff-respondent's suit for recovery of Rs. 1000 as compensation for 16 bags of sugar (shakkar) which were seized by a police official in the employ of the appellant State and never returned to the plaintiff. The facts as alleged by the plaintiff are these. On 17-1-1947 the plaintiff Chhotey Lal was transporting 67 bags of shakkar and two of bhur from Shikarpur to Raghupura in a motor truck. When the truck reached the police station Kakore it was stopped by the police. They arrested the plaintiff and seized all the bags on the alleged ground that 16 of them contained khandsari sugar of which the movement was banned under the U. P. Control of Supplies (Temporary power) Ordinance, II of 1946. The plaintiff, protested and said that the 16 bags contained not khandsari but shakkar the movement of which was not banned. The plaintiff's version is that all 67 bags were seized by the police and given in the custody of various persons, the 16 bags in dispute being entrusted to one Ram Chandra who is the third defendant in the suit and the third respondent