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COM. v. ONE 1976 OLDS. CUTLASS SUP.

No. 62 C.D. 1983.

85 Pa.Commw. 433 (1984)

Commonwealth of Pennsylvania, Appellant v. One 1976 Oldsmobile Cutlass Supreme, Appellee.

Commonwealth Court of Pennsylvania.

October 9, 1984.

Attorney(s) appearing for the Case

John O. J. Shellenberger, Deputy Attorney General, Chief, Eastern Region, and LeRoy S. Zimmerman, Attorney General, for appellant.

Christopher G. Furlong, for appellee.

Argued April 4, 1984, before President Judge CRUMLISH, JR. and Judges MacPHAIL and COLINS, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., October 9, 1984:

Commonwealth appeals a Delaware County Common Pleas Court order dismissing a petition for forfeiture of an automobile and directing its return. We reverse.

On May 3, 1982, John P. Bell was arrested and charged with violating The Controlled Substance, Drug, Device and Cosmetic Act (Act).1 At that time, a 1976 Oldsmobile Cutlass Supreme which he owned,

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