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Session Laws, 1988
Volume 770, Page 585   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 2

(1)  REMOVE THE CONTRABAND FROM THE CONVEYANCE AT THE
LOCATION THAT THE COMPTROLLER DESIGNATES;

(2)  RETAIN THE CONTRABAND, SUBJECT TO §§ 13-840 AND
13-841 OF THIS SUBTITLE;

(3)  AFTER REMOVING THE CONTRABAND, RELEASE THE
CONVEYANCE TO ITS OPERATOR; AND

(4)  REIMBURSE THE COMMON CARRIER FOR ALL TARIFF
CHARGES APPLICABLE TO THE MOVEMENT OF THE CONVEYANCE FROM:

(I)  THE PLACE OF SEIZURE TO THE LOCATION WHERE
THE CONTRABAND MOTOR FUEL WAS REMOVED; AND

(II)  THE PLACE WHERE THE CONTRABAND MOTOR FUEL
WAS REMOVED TO THE NEARER OF THE COMMON CARRIER'S HOME TERMINAL
OR THE PLACE OF SEIZURE.

REVISOR'S NOTE: Subsections (a)(l)(i) and (b)(1) of this
section are new language added to conform to practice
and to state expressly that which only was implied in
the former law -- i.e., that a notice to the owner and
to the Comptroller must be given when contraband
alcoholic beverages or contraband cigarettes are
seized.

Subsections (a)(l)(ii) and (2), (b)(2) and (3), and
(c) of this section are new language that in part are
added to incorporate the substance of present Art. 2B,
§ 3(f)(2), and in part is derived without substantive
change from former Art. 56, § 138(a)(3), (c) and (d)
and from the second clause of the sixth sentence of
former Art. 81, § 455.

Defined terms: "Comptroller" § 1-101
"Contraband alcoholic beverage" § 13-834
"Contraband cigarettes" § 13-834
"Contraband motor fuel" § 13-834
"Conveyance" § 13-834 "County" § 1-101
"Person" § 1-101 "Property" § 1-101
"Vehicle" § 13-834

13-837. CLAIM FOR RETURN OF CONTRABAND.

THE OWNER OR ANOTHER PERSON WITH AN INTEREST IN SEIZED
PROPERTY MAY FILE A CLAIM FOR THE RETURN OF THE PROPERTY WITH THE
COMPTROLLER WITHIN 30 DAYS AFTER:

(1)  THE SEIZURE OF ALCOHOLIC BEVERAGES, CIGARETTES,
MOTOR FUEL OR CONVEYANCES USED TO TRANSPORT MOTOR FUEL; OR

(2)  A NOTICE OF SEIZURE OF A CONVEYANCE USED TO
TRANSPORT ALCOHOLIC BEVERAGES OR CIGARETTES IS PUBLISHED.

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Session Laws, 1988
Volume 770, Page 585   View pdf image
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