Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Even if the sovereign functions of the state are discharged negligently the state is not vicariously liable in tort.
FACTUAL SITUATION: A is a gold merchant in India. He was arrested by police and was detained in the police lock up after search. The gold was seized and he was later on discharged. His gold seized and he was later on discharged. His gold seized by the police was not returned. He moved against the State in tort. In the words of Supreme Court " There can be no escape from the conclusion that the police officers were negligent in dealing with the gold after its seizure". One of police officers was a Muslim. He fled with gold to Pakistan.