General. The applications shall be by [petition] COMPLAINT,
affidavit and show cause order and shall be filled in the District
Court or circuit court of the county.

(ii) The [petition] COMPLAINT, affidavit and
show cause order shall be served in the first instance pursuant
to Maryland Rule 2-121 or Maryland Rule 3-121(a), and thereafter,
the summons having been returned non est, the director of finance
of Baltimore City, county treasurer OR APPROPRIATE COUNTY FINANCE
OFFICER, municipal treasurer, or Attorney General may proceed
pursuant to Maryland Rule 2-122 or Maryland Rule 3-121(b) or (c).

(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)] (F)
of this section.

[(c)] (E) 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] SEIZING AGENCY
subject only to the orders, JUDGMENTS, 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] SEIZING AGENCY may:

(1) Place the property under seal; and

(2) Remove the property to a place designated by the
count.

[[d)] (F) Except as provided under subsection [(j)] (K) 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.

(7) 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

- 2388 -

LAWS OF MARYLAND

Ch. 285