State v. One 1967 Ford Mustang

This appeal by the State of Maryland is from an order of the Circuit Court for Cecil County directing the State Police to return to its owner a motor vehicle that had been seized for forfeiture. The State contends that the court did not have the discretionary power to order the vehicle’s return but, rather, was required to forfeit the automobile. In issuing the order, Judge Mackey observed, “If discretion is part of the trial judge’s work kit then under [the facts of this case] we feel this Court will be affirmed. If not, it will be reversed.” Since we conclude that he did not- have the…