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PEOPLE v. ONE 1973 PONTIAC AUTO.

Docket No. 77-1907.

84 Mich. App. 231 (1978)

269 N.W.2d 537

PEOPLE v. ONE 1973 PONTIAC AUTOMOBILE

Michigan Court of Appeals.

Decided June 19, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Patrick F. Isom, Assistant Attorney General, for the people.

Peres, Carr, Jacques, Batchik & Schmidt, for appellee.

Before: BEASLEY, P.J., and ALLEN and H.E. DEMING, JJ.

H.E. DEMING, J.

This is an appeal as of right by the people from an order dismissing a proceeding pursuant to MCL 335.355; MSA 18.1070(55) for the forfeiture of a 1973 Pontiac automobile seized incident to a narcotics arrest. Dismissal was based on a finding that the statutory forfeiture provision unconstitutionally fails to provide the vehicle owner with procedural due process in that the statute contains no provision for notice and hearing in connection with the...

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