(c) Property taken or detained under this Section shall not be subject
to replevin, but is deemed to be in the custody of the law enforcement department
or agency employing the seizing officer, subject only to the order and judgments
of the circuit court having jurisdiction over the forfeiture proceedings.
When property is seized under this Act, the chief administrative officer
of the seizing department or agency may place the property under seal, or
remove the property to a place designated by him.
(d) No disposition may be made of property under seal until the validity
of the seizure has been determined in a Circuit Court, unless such court
upon application therefor, orders the sale of perishable substances and
the deposit of the proceeds of the sale with the clerk of the court. The
Circuit Court shall rule on the validity of the seizure within 30 days after
the seizure, unless a continuance is obtained by a person from whom the
items were seized or a person who otherwise has standing to complain, or
by the State for good cause shown. In no event shall a continuance be granted
to the State pursuant to this Section extend beyond 30 days. If judgment
is entered in favor of the person from whom the property is seized, all
seized property shall be returned immediately. Appeals from orders of the
Circuit Court shall be heard within 60 days from the date judgment is entered.
Judgments in favor of the person entitled to possession of the subject property
shall serve as a mandate to the agency holding said property to return same forthwith.
(e) When property is forfeited under this Act the chief administrative
officer of the seizing department or agency may
retain it for official use, or
forward it to the Bureau of Narcotics and Dangerous Drugs, United States
Department of Justice, or its successor agency, for disposition.
(Source: P.A. 82-1032