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may 1967

Supreme Court of India · 1967-05-05

STATE OF BOMBAY (NOW GUJARAT) vs MEMON MAHOMED HAJI HASAM

Citation / case number
SC 1961/269
Court
Supreme Court of India
Petitioner
STATE OF BOMBAY (NOW GUJARAT)
Respondent
MEMON MAHOMED HAJI HASAM
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that the State Government, having seized vehicles under the Junagarh Sea Customs Act, had an obligation to return them if an appeal favored the owner, as per the provisions of the Act. The Court established that the State acted as a bailee, with an implied duty to preserve the property in its original condition until the final order was made. The Court upheld the lower courts' decrees for the recovery of the vehicles' value, rejecting the State's claim of immunity due to judicial order, emphasizing that negligence could be attributed to the State for failing to safeguard the vehicles.

STATE OF BOMBAY (NOW GUJARAT) vs MEMON MAHOMED HAJI HASAM · Niyam