State of Georgia v. Ellis

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...,” we refuse to find any error in the trial court’s grant of defendant’s motion for return of the seized property.

The state will not be…