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WILLIAM DONALD SCHAEFER, Governor Ch. 6
shall be instituted promptly, except all proceedings relating to
money or currency, that shall be instituted within 90 days from
the date of final disposition of criminal proceedings that arise
out of Article 27, [§ 276 through § 302] §§ 276 THROUGH 302,
inclusive.
(i) All applications for the forfeiture of
money or currency contraband shall be made by the director of
finance of Baltimore City, the county treasurer, municipal
treasurer, or the Attorney General. The applications shall be by
petition, affidavit and show cause order and shall be filed in
the District Court or circuit court of the county.
(ii) The petition, affidavit 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] MARYLAND RULE 2-121 OR MARYLAND RULE
3-121(A), and thereafter, the summons having been returned non
[est] EST, the director of finance of Baltimore City, county
treasurer, municipal treasurer, or Attorney General may 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] MARYLAND RULE 2-122 OR MARYLAND RULE
3-121(B) OR (C).
DRAFTER'S NOTE:
Error: Stylistic errors, erroneous punctuation, and
obsolete references n Article 27, § 297(b)(1) and (2).
Occurred: The stylistic errors in subsection (b)(2)
occurred in Ch. 437, Acts of 1983 and Ch. 666, Acts of
1974; the punctuation error in subsection (b)(1)
occurred in Ch. 403, Acts of 1970; the punctuation
error in subsection (b)(2) is due to a printing
omission in the 1977 Cumulative Supplement to the
Annotated Code of Maryland; and the references became
obsolete when the Maryland Rules were revised,
effective July 1, 1984.
(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; AND
DRAFTER'S NOTE:
Error: Omitted conjunction in Article 27, §
297(c)(1).
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