Ch. 743
LAWS OF MARYLAND
proceed pursuant to Rule 105 b, subsection 2 and subsection 3 of
the Maryland Rules of Procedure as amended, or Rule No. 104 h of
the Maryland District Rules.
(3) (i) If proceedings relating to money or currency
are not instituted by the State or a political subdivision within
the 90 day period, the money or currency seized under this
section, upon petition by the defendant, shall be returned to the
defendant.
(ii) If the defendant fails to petition for
return of the money or currency within 1 year from the date of
final disposition of criminal proceedings, the money or currency
shall revert to the treasury, as provided by subsection (d) of
this section.
(c) Property taken or detained under this section shall not
be repleviable, but shall be deemed to be in the custody of the
person who seized said property subject only to the orders and
decrees of the court or the official having jurisdiction thereof.
Whenever property is seized under the provisions of this
subheading, the person who seized said property may:
(1) Place the property under seal;
(2) Remove the property to a place designated by the
court.
(d) Except as provided under subsection (j) of this
section, whenever property is forfeited under this subheading,
the political subdivision in which such property was seized, or,
if the property was seized by State authorities, the State may:
(1) Retain the property for official use (except,
whenever coin, currency, or property is seized by the Baltimore
City police, and forfeited under this subheading, it shall be
surrendered to the City of Baltimore for disposition according to
this section);
(2) Sell any forfeited property which is not required
to be destroyed by law and which is not harmful to the public,
provided that the proceeds be disposed of for payment of all
proper expenses of the proceedings for forfeiture and sale
including expenses of seizure, maintenance of custody,
advertising and court costs;
(3) Require an appropriate agency to take custody of
the property and remove it for disposition in accordance with
law, or destruction.
(e) All substances listed in Schedule I that are possessed,
transferred, sold or offered for sale in violation of the
provisions of this subheading shall be deemed contraband and
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