People Ex Rel. Power v. One 1979 Chevrolet Camaro

Appeal is taken from a judgment of the Circuit Court of Kankakee County ordering the forfeiture of a Chevrolet Camaro automobile owned by Mitchell Francoeur. The forfeiture was undertaken pursuant to the Illinois forfeiture act (Ill. Rev. Stat. 1979, ch. 38, par. 36 — 1). On appeal, the appellant contends that section 409 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1979, ch. 56M, par. 1409) bars maintenance of the forfeiture action. Section 409 provides that a “conviction or acquittal under the laws of the United States or of any state relating to controlled substances, for the…