Sec. 12-307. Procedure on sale after confiscation.
Sec. 12-307. Procedure on sale after confiscation. (a) When any property has
been seized under the provisions of section 12-305, the commissioner may, at his discretion, after a hearing as provided in this section, advertise such property for sale in a
newspaper published or having a circulation in the town in which the seizure took place,
at least five days before the sale.
(b) Any person claiming an interest in such property may make written application
to the commissioner for a hearing within thirty days after the date of such seizure, stating
his interest in the property and his reasons why it should not be forfeited. Upon receipt
of such application, the commissioner shall, within thirty days, assign a date for such
hearing and give written notice as to the time thereof to any person or persons making
such application. At such hearing, the commissioner shall determine whether such cigarettes should be forfeited and written notice of such determination shall be forwarded
to each applicant claiming to have an interest in such cigarettes.
(c) Any person aggrieved by any such determination may appeal therefrom to the
superior court for the judicial district of New Britain, as provided in section 12-312.
(d) No sale of any property under the provisions of section 12-305 shall be made
while an application for a hearing is pending before the commissioner, but the pendency
of an appeal under the provisions of section 12-312 shall not prevent the sale unless the
appellant posts a satisfactory bond, with surety, in an amount double the estimated value
of the property, conditioned upon the successful termination of the appeal.
(e) When any such sale has been consummated, the proceeds thereof shall become
the property of the state, provided any person who has an interest in such property shall
have the same rights with respect to the proceeds of such sale as such person had in
relation to such property prior to sale.
(1949 Rev., S. 1988; 1957, P.A. 524, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-65, S. 1, 3; 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)
History: P.A. 95-65 divided the section into Subsecs. (a) to (e), added provision in Subsec. (b) re the commissioner's
responsibilities when unstamped cigarettes are seized, added provision as Subsec. (c) re appeals to the Superior Court and
added provisions as Subsec. (e) establishing a time for a person whose cigarettes are seized to apply for a hearing, effective
July 1, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford"
for "judicial district of Hartford-New Britain" in 1995 public and special acts, effective September 1, 1998); P.A. 99-215
replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (c), effective June 29, 1999.