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STATE v. 1988 TOYOTA

No. 88, September Term, 1993.

334 Md. 359 (1994)

639 A.2d 641

STATE OF MARYLAND TO THE USE OF THE FREDERICK CITY POLICE DEPARTMENT v. ONE 1988 TOYOTA PICK-UP TRUCK VIN. JT4RN63A5J0211499.

Court of Appeals of Maryland.

Reconsideration Denied May 10, 1994.

Attorney(s) appearing for the Case

N. Lynn Tillery, City Atty. (Lawrence A. Dorsey, Jr., Arthur M. Kravetz, Office of the State's Atty. for Frederick County, on brief), Frederick, for appellant.

William H. Poffenbarger, Frederick, for appellee.

Argued before MURPHY, C.J., RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, BELL, and CHARLES E. ORTH, Jr., Judge of the Court of Appeals (Retired, Specially Assigned), JJ.

MURPHY, Chief Judge.

This case involves Maryland's forfeiture statute, codified as Maryland Code (1957, 1992 Repl.Vol., 1993 Cum.Supp.) Art. 27, § 297.1 In its original form, as enacted by ch. 403 of the Acts of 1970, and as it now provides, § 297(b) states in part:

"(b) The following shall be subject to forfeiture and no property right shall exist in them: (1) All controlled dangerous substances which have...

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