2938                                          LAWS OF MARYLAND                                      Ch. 617

Baltimore City, OR THE MUNICIPAL TREASURER OR DIRECTOR OF
FINANCE OF THE MUNICIPALITY, shall within 90 days from the date
of the record of the entry of such conviction, unless the case is
appealed to an appellate court, make application to the District
Court or circuit court of the county, for an order declaring and
ordering that such money, currency or cash in the custody of the
State Treasurer, director of finance, or county OR MUNICIPAL
treasurer shall be forfeited to the sole use and gain of the
State, county or city. The court to which any such application
has been directed shall establish to its satisfaction that there
is no pending and undetermined suit or proceeding which has been
filed in any court of competent jurisdiction, against the
director of finance or treasurer, seeking a return or recovery of
the money, currency or cash so held in custody, before the court
shall proceed so to order a forfeiture of such money, currency or
cash to the State, county or Baltimore City.

(2) All applications for the forfeiture of contraband
shall be by petition and a copy of the petition and show cause
order shall be served in the first instance pursuant to Rule 104
of the Maryland Rules of Procedure or Rule No. 104 of the
Maryland District Rules, and thereafter, the summons having been
returned non est, the State Treasurer, director of finance of
Baltimore City or county treasurer, OR MUNICIPAL TREASURER OR
DIRECTOR OF FINANCE OF THE MUNICIPALITY may proceed pursuant to
Rule 105b, subsection 2 and subsection 3 of the Maryland Rules of
Procedure as amended, or Rule No. 104h of the Maryland District
Rules.

(d) (1) Upon the ultimate disposition of such charge or
charges, indictment or indictments, resulting in acquittal,
dismissal, a stet, a nolle prosequi, or probation under the
provisions of Section 641, any person claiming that all or any of
the seized money, currency, or cash is not contraband of law
under (a) and should be returned to the claimant, within one year
after the date the judgment or order was entered or the action
was taken which constituted the ultimate disposition, may make
application on giving ten days' prior written notice to the State
Treasurer, custodian, county OR MUNICIPAL treasurer, or director
of finance, to the appropriate court for a determination that the
money, currency, or cash is the property of the claimant and for
an order that it be returned.

(2)  In a proceeding upon that application an
acquittal, a dismissal, or a nolle prosequi with respect to the
gambling charges or indictments involved in the seizure of the
money, cash, or currency is prima facie evidence that it is not
contraband. A conviction, plea of guilty or of nolo contendere,
and probation under the provisions of Section 641 is prima facie
evidence that it is contraband. No presumption in the proceeding
shall attach to an entry of stet.

(3)  If a petition is not timely and properly filed,
or if it is finally decided against the claimant, the seized
moneys not disposed of shall be forfeited to the custodian
without further judicial action.