SHULMAN, Judge.
The state appeals the grant of defendant's motion to return property that had been seized by the state pursuant to its authority under Code Ann. § 79A-828. We affirm.
1. In view of the fact that the state failed to comply with the provisions of § 79A-828 (e), which require the district attorney (or the drug inspector) to file "[w]ithin 30 days from the date he receives notice of such seizure ... a libel for condemnation of such merchandise...
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